Under a new Michigan law, employers and schools may not request the private social media passwords of employees, applicants, or students. Public Act 478 of 2012, available at http://legislature.mi.gov/doc.aspx?2012-HB-5523. The employer or school also may not punish, or refuse to hire or admit, an individual for refusing to provide such a password.
This law was enacted in part in response to reports of numerous employers and schools asking employees, students, and applicants for their Twitter, Facebook, and other social media passwords. The law applies to all employers (including public sector and private sector) and all schools (including colleges, universities, K-12, public schools, private schools, etc.).
This law only prevents employers and educational institutions from obtaining passwords for private accounts. If an employee or student uses a social media account for business, educational, or other official purposes, the employer or institution may obtain the password for that account.
Similarly, if the employer or institution paid for or provided an electronic communications device to the individual, he or she must provide any requested passwords for that device.
Violating the law may result in both civil and criminal penalties.
For additional business resources or any other legal assistance you or your business might need, Attorney Melissa Demorest can be reached via email melissa@demolaw.com or via telephone: 248-723-5500.
Why wouldn’t you just create a phony social media account for work? Even if your employer doesn’t ask for access, have one ready. That way, when you interview for a promotion and they Google your name, a profile pops up of you as a benevolent, hardworking soul who volunteers at the local soup kitchen. People who get worked up about this are really goofy. The world is what it is. No sense fighting against something if you can easily manipulate it and use it to your advantage.