New social media privacy laws in few states set the bar for many

Social media privacy the focus of innovative new set of laws

Social media has shifted how most businesses keep track of their employees and how schools keep tabs on their students. You’ve probably read about employees being fired for things they’ve put on their social media accounts, or universities kicking out students and taking away scholarships because of posts or photos that are deemed inappropriate.

As a result, privacy protection has been a huge topic of debate, and some states, including Maryland, Illinois, and California, have finally taken a stand by establishing social media privacy laws. Michigan is the latest to join the ranks, while others struggle to determine the best course of action, if considering it at all.

Michigan’s House Bill 5523 was passed on December 13, 2012 and was signed by the governor on December 28, 2012. The bill took effect with Governor Snyder’s signature. HB 5523 prohibits employers or schools to ask for access to employees’ and students’ social media accounts. This includes personal email accounts, too. The bill also protects the employee by stating that companies cannot discipline or fire an employee who refuses to allow access to personal accounts. It also states that employers in Michigan cannot base a hiring decision on someone’s social accounts.

Exceptions to the new law

However there are some exceptions. The employer still retains the right to monitor internet usage on devices that are paid for by the company or provided to the employee for work purposes. Employers also retain the right to monitor employee usage on social accounts that are business-related or were set up in order to promote the business. And these exceptions are quite understandable.

Those who violate this new bill face up to a $1,000 fine, and it’s classified as a misdemeanor. Employers who are found in violation can also have civil action brought against them if the employee has the right documentation and proof of the offense. At that point, the employer would also be liable for lawyer fees, plus no more than an additional $1,000.

The online social climate is changing, and social media privacy laws are finally trying to keep up. It’s a small step in the right direction, but it’s a step that will lead to bigger steps in the future.