All employers in Tennessee must now adhere to the state’s “Employee Online Privacy Act of 2014.” The law (S.B. 1808), which took effect at the beginning of 2015, prohibits any employer (with one or more employees including government agencies) from requesting access to an applicant or employee’s personal internet or social media accounts.
The Act defines a personal internet account as, “an online account that is used by an employee or applicant exclusively for personal communications unrelated to any business purpose of
the employer; and includes any electronic medium or service where users may create, share or view content, including, emails, messages, instant messages, text messages, blogs, podcasts, photographs, videos or user-created profiles.”
Under S.B. 1808 Tennessee employers may not:
- Request or require an employee/applicant to disclose a password that allows access to their personal internet account
- Compel an employee/applicant to add the employer or employment agency to the employee’s or applicant’s list of contacts associated with a personal internet account
- Compel an employee or an applicant to access a personal internet account while in the presence of an employer in such a way that lets the employer view the contents of the employee’s or applicant’s personal internet
- Retaliate, not hire, or penalize an employee/applicant due to failing to reveal information or take an action specified in Section 4(a)(1)-(3).
Exceptions to the law include:
- Employers can require employees to reveal user names and passwords to access non-personal internet accounts that apply to the employer’s internal information or computer systems
- Employers are permitted to access employee or job applicant information that is available publicly and; in the event of an investigation of possible misconduct.
Aggrieved individuals can file a civil action against the employer suspected of violating the law, and seek injunctive relief and no more than $1,000 for each infraction (plus reasonable attorney’s fees and costs).
To view Tennessee S.B. 1808 click here.