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Social Media Privacy in California (CA)

Employer Prohibitions

Employers are prohibited from requiring or requesting that an employee or applicant for employment do any of the following:

  • Disclose a username or password for the purpose of accessing personal social media.
  • Access personal social media in the presence of the employer.
  • Divulge any personal social media, except in limited circumstances.

Social Media” is defined as an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet web site profiles or locations.

Exceptions

The law does not affect an employer’s existing rights and obligations to request that an employee divulge personal social media reasonably believed to be relevant to an investigation of allegations of employee misconduct or employee violation of applicable laws and regulations, provided that the social media is used solely for purposes of that investigation or a related proceeding. The law also does not prohibit an employer from requiring or requesting an employee to disclose a username, password, or other method for the purpose of accessing an employer-issued electronic device.

For More Information

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

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