On May 6, 2013, Governor Chris Christie conditionally vetoed a social media privacy bill which had been passed by the New Jersey legislature, as previously mentioned here and here. While Gov. Christie explained that he supports the proposed legislation's key protections – the privacy of job applications and employees – he disagreed with certain aspects of the bill.
The social media privacy bill, as proposed by the state
legislature, contained broader protections than any other
state's legislation to date. Specifically, as originally
passed, the bill would have forbidden employers from asking
employees or applicants whether they maintain personal social media
accounts. Gov. Christie found that this particular provision of the
bill "paints with too broad a brush" because such
questions could reflect an employer's legitimate interest in
ascertaining the technological sophistication of a potential
applicant.
Perhaps the most critical provision that Gov. Christie vetoed was
the portion that allowed aggrieved individuals to file lawsuits
over alleged violations of the bill. Instead, Gov. Christie
proposed that aggrieved employees or applicants should report
violations to the Commissioner of Labor and Workforce Development,
with employers being liable for fines of $1,000 for a first
violation and $2,500 for repeat violations.
If adopted in its revised form, the bill would still prohibit
employers from requesting a username or password from an employee
or applicant for any personal social media accounts. However, the
governor's veto also clarified that (1) the law will not apply
to an individual's social media accounts that are used for
business purposes; and (2) employers will not be prohibited from
accessing an employee's or applicant's social media pages
to the extent that they are shared publicly.
The conditional veto allows the New Jersey legislature to
reconsider the bill with the governor's proposed changes. We
will continue to monitor the bill's progress and provide any
updates on its status.
Originally published on the Employer's Law Blog
www.daypitney.comThe content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.