Now effective, Montana law (H 343) prohibits employers from requesting employees and prospective employees’ personal social media passwords. As defined in the law, personal social media means password-protected electronic service or account containing content, including but not limited to email, videos, photographs, blogs, video blogs, podcasts, instant and text messages, internet website profiles or locations, and online services or accounts. Employers are not allowed to access social media accounts, and use the information obtained about an employee or prospective employee.
Employers may request access to personal social media accounts if he or she has specific information about an activity that indicates an employee’s work-related misconduct, or unauthorized disclosure of the employer’s confidential information, or proprietary information. Employers may also request access to accounts to ensure compliance with federal laws or regulatory requirements.
If an employee or prospective employee’s right is violated, he or she may bring an action against the employer with damages limited to $500, or actual damages and legal costs.