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Legislation Would Prohibit Employers From Accessing Personal Internet Accounts of Employees or Applicants
Proposed Michigan legislation would impose criminal and civil penalties on employers for requesting an employee or job applicant to permit access to that person's personal internet accounts such as on Facebook or Twitter.
The bill would create the "Internet Privacy Protection Act" and has been sent to Governor Rick Snyder for signature. The law would also prohibit an employer from taking adverse action against an employee or applicant for failing to allow the employer to access or observe the person's personal internet account.
A violation of the law would be a misdemeanor punishable by a maximum fine of $1,000. An employee or applicant could also file suit and recover up to $1,000 in damages plus reasonable attorney fees.
Certain actions, including the viewing of publicly available information, would remain permissible. However, untrained interviewers could unknowingly subject themselves and their employer to liability. If signed, the Act would take immediate effect. We will monitor the progress of this legislation and provide an update in our next Briefing.
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