                                 CODE OF VIRGINIA

SOCIAL MEDIA ACCOUNTS OF CURRENT AND PROSPECTIVE EMPLOYEES (§ 40.1-28.7:5)

A. As used in this section:
			&#8220;Employer&#8221; includes, in addition to the persons enumerated in the
definition of employer in &#xA7; 40.1-2, (i) any unit of state or local
government and (ii) any agent, representative, or designee of a person or unit
of government that constitutes an employer.
			&#8220;Social media account&#8221; means a personal account with an
electronic medium or service where users may create, share, or view
user-generated content, including, without limitation, videos, photographs,
blogs, podcasts, messages, emails, or website profiles or locations.
&#8220;Social media account&#8221; does not include an account (i) opened by an
employee at the request of an employer; (ii) provided to an employee by an
employer such as the employer&#8217;s email account or other software program
owned or operated exclusively by an employer; (iii) set up by an employee on
behalf of an employer; or (iv) set up by an employee to impersonate an employer
through the use of the employer&#8217;s name, logos, or trademarks.

B. An employer shall not require a current or prospective employee to:

   1. Disclose the username and password to the current or prospective
   employee&#8217;s social media account; or

   2. Add an employee, supervisor, or administrator to the list of contacts
   associated with the current or prospective employee&#8217;s social media
   account.

C. If an employer inadvertently receives an employee&#8217;s username and
password to, or other login information associated with, the employee&#8217;s
social media account through the use of an electronic device provided to the
employee by the employer or a program that monitors an employer&#8217;s network,
the employer shall not be liable for having the information but shall not use
the information to gain access to an employee&#8217;s social media account.

D. An employer shall not:

   1. Take action against or threaten to discharge, discipline, or otherwise
   penalize a current employee for exercising his rights under this section; or

   2. Fail or refuse to hire a prospective employee for exercising his rights
   under this section.

E. This section does not prohibit an employer from viewing information about a
current or prospective employee that is publicly available.

F. Nothing in this section:

   1. Prevents an employer from complying with the requirements of federal,
   state, or local laws, rules, or regulations or the rules or regulations of
   self-regulatory organizations; or

   2. Affects an employer&#8217;s existing rights or obligations to request an
   employee to disclose his username and password for the purpose of accessing a
   social media account if the employee&#8217;s social media account activity is
   reasonably believed to be relevant to a formal investigation or related
   proceeding by the employer of allegations of an employee&#8217;s violation of
   federal, state, or local laws or regulations or of the employer&#8217;s
   written policies. If an employer exercises its rights under this subdivision,
   the employee&#8217;s username and password shall only be used for the purpose
   of the formal investigation or a related proceeding.

HISTORY: 2015, c. 576.