AB 25, as introduced, Campos. Employment: social media.
Existing law prohibits a private employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. Existing law prohibits a private employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand that violates these provisions.
This bill would apply the provisions described above to public employers. The bill would state that its provisions address a matter of statewide interest and apply to public employers generally, including charter cities and counties.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 980 of the Labor Code is amended to
2read:
(a) As used in thisbegin delete chapter, “socialend deletebegin insert chapter:end insert
P2 1(1) “Employer” means a private employer or a public employer.
end insert
2begin insert (2)end insertbegin insert end insertbegin insert“Socialend insert
media” means an electronic service or account, or
3electronic content, including, but not limited to, videos, still
4photographs, blogs, video blogs, podcasts, instant and text
5messages, email, online services or accounts, or Internet Web site
6profiles or locations.
7(b) An employer shall not require or request an employee or
8applicant for employment to do any of the following:
9(1) Disclose a username or password for the purpose of
10accessing personal social media.
11(2) Access personal social media in the presence of the
12employer.
13(3) Divulge any personal social media, except as provided in
14subdivision (c).
15(c) Nothing in this section shall affect an employer’s existing
16rights and
obligations to request an employee to divulge personal
17social media reasonably believed to be relevant to an investigation
18of allegations of employee misconduct or employee violation of
19applicable laws and regulations, provided that the social media is
20used solely for purposes of that investigation or a related
21proceeding.
22(d) Nothing in this section precludes an employer from requiring
23or requesting an employee to disclose a username, password, or
24other method for the purpose of accessing an employer-issued
25electronic device.
26(e) An employer shall not discharge, discipline, threaten to
27discharge or discipline, or otherwise retaliate against an employee
28or applicant for not complying with a request or demand by the
29employer that violates this section. However, this section does not
30prohibit an employer from terminating or otherwise taking an
31adverse action against an employee or
applicant if otherwise
32permitted by law.
Because of the crucial privacy rights at issue and the
34growing abuse of those rights, the Legislature finds and declares
35that this act addresses a matter of statewide interest and applies to
36public employers generally, including charter cities and counties.
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