Colorado Law Prohibits Employers from Requiring Access to Social Media Accounts

Recently, Colorado Governor John Hickenlooper signed H.B. 13-1046 into law, prohibiting employers from suggesting, requesting or requiring that prospective or current employees disclose log-in information to personal social media accounts. Employers may also not require that employees or applicants add the employer to a contact list on a social media site, or require that employees change their social media site privacy settings. However, employers may require employees to disclose log-in information to non-personal accounts, and may conduct investigations to ensure compliance with the law or to protect the employer’s proprietary information or financial data. Please click here for other Winston & Strawn LLP briefings on previous state laws. 

TIP: Colorado is the most recent in a line of states to pass legislation regulating employer access to social media accounts. Employers should be aware of this issue when drafting social media policies.

This tip has been created for information and planning purposes. It is not intended to be, nor should it be, substituted for legal advice, which turns on specific facts.