Michigan Makes It Illegal To Ask For Employees' Facebook Logins

An anonymous reader writes "Michigan joins Maryland as a state where employers may not ask employees or job applicants to divulge login information for Facebook and other social media sites. From the article: 'Under the law, employers cannot discipline employees or decline to hire job applicants because they do not give them access information, including user names, passwords, login information, or "other security information that protects access to a personal internet account," according to the bill. Universities and schools cannot discipline or fail to admit students if they do not give similar information.' There is one exception, however: 'However, accounts owned by a company or educational institution, such as e-mail, can be requested.'"

Comments

However....

[CodeheadUK]

You can be sure that 9 times out of 10, the job will go to the guy/gal who does hand over the info.

Re:However....

[blackraven14250]

Except now they aren't allowed to ask at all to begin with. If they ask, it's grounds for what seems like a complaint and a fine, just as if the employer asked what religion you are a member of or how old you are.

Re:However....

[Anonymous Coward]

Yeah, like that idiot Neil deGrasse Tyson. You're clearly way smarter than he is.

Re:However....

[EdIII]

And porno includes all ages.

You might want to reword that.

Re:However....

[EdIII]

This is outright illegal in my country. Don't you Americans have any basic right to privacy?

Welll..... what we fought so hard for, and so many of us have died for, was the idea of freedom. That includes privacy and anonymity. It was not more than a hundred years ago or so that people had real privacy and became pretty upset when somebody violated it. Was considered very rude and improper.

I would say that we have a deep tradition of privacy, that it's a basic human right, and that our Constitution supports it.

However, our current government has clearly said, "fuck all that liberty shit". Whatever information we can get, in any way we can get it, we are going to do in the name of either profit or national security. Pick an excuse.

Re:However....

[Jane Q. Public]

"They can ask if you are over an age."

No, they can't, unless being a certain age is a demonstrable job requirement. And there aren't many fields in which it's a legitimate job requirement. They can ask if you are of legal age to sign a contract. Not much more than that.

Let me get this right...

[Nyder]

It's against the law to ask employees or prospective employees for login info for social media sites, unless those accounts are owned by a company or an educational institution.

So I guess the question is, do you own your facebook account? Do you own your gmail account? How about your iTunes account?

I would guess that those companies would say No.

Re:Let me get this right...

[icebike]

The law states:

Sec. 5. (1) This act does not prohibit an employer from doing any of the following:

(a) Requesting or requiring an employee to disclose access information to the employer to gain access to or operate any of the following:

(i) An electronic communications device paid for in whole or in part by the employer.

(ii) An account or service provided by the employer, obtained by virtue of the employee’s employment relationship with the employer, or used for the employer’s business purposes.

(b) Disciplining or discharging an employee for transferring the employer’s proprietary or confidential information or financial data to an employee’s personal internet account without the employer’s authorization.

(c) Conducting an investigation or requiring an employee to cooperate in an investigation in any of the following circumstances:

(i) If there is specific information about activity on the employee’s personal internet account, for the purpose of ensuring compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct.

(ii) If the employer has specific information about an unauthorized transfer of the employer’s proprietary information, confidential information, or financial data to an employee’s personal internet account.

(d) Restricting or prohibiting an employee’s access to certain websites while using an electronic communications device paid for in whole or in part by the employer or while using an employer’s network or resources, in accordance with state and federal law.

(e) Monitoring, reviewing, or accessing electronic data stored on an electronic communications device paid for in whole or in part by the employer, or traveling through or stored on an employer’s network, in accordance with state and federal law.

(2) This act does not prohibit or restrict an employer from complying with a duty to screen employees or applicants prior to hiring or to monitor or retain employee communications that is established under federal law or by a self-regulatory organization, as defined in section 3(a)(26) of the securities and exchange act of 1934, 15 USC 78c(a)(26).

(3) This act does not prohibit or restrict an employer from viewing, accessing, or utilizing information about an employee or applicant that can be obtained without any required access information or that is available in the public domain.

Sec. 6. (1) This act does not prohibit an educational institution from requesting or requiring a student to disclose access information to the educational institution to gain access to or operate any of the following:

(a) An electronic communications device paid for in whole or in part by the educational institution.

(b) An account or service provided by the educational institution that is either obtained by virtue of the student’s admission to the educational institution or used by the student for educational purposes.