Louisiana has joined 16 other states in enacting laws protecting employees's social media privacy, such as their Facebook and Twitter accounts.
Known as the
Personal Online Account Privacy Protection Act, this legislation prohibits employers from requesting or accessing current employees' or prospective employees' social media accounts. Employers cannot ask for usernames or passwords. If employers inadvertently acquire the usernames or passwords, they should refrain from using the information to view account content.
Louisiana's legislation is consistent with
The Stored Communications Act, which prohibits intentional, unauthorized access to electronically stored communications, even if the accounts are business related.
While there are exceptions to both laws, employers looking to incorporate social media into their hiring or employee evaluation processes should consult legal counsel first.