Nebraska Senator Offers Bill to Protect Employee's Online Privacy

By: +Jeffrey Lapin

Sen. Tyson Larson of O'Neill introduced LB58, the Workplace Privacy Act, before the Nebraska Legislature on Thursday (January 10, 2013), which would prohibit employers from gaining access to employee's social networking sites such as Facebook, Twitter and similar sites. 

LB58 - The Workplace Privacy Act

The Act would make it illegal for an employer or potential employer to require, or even request, that an employee or potential employee provide his or her user name, password or other account information to any "social networking site," such as Facebook or Twitter. In addition, an employer could not make an employee log onto a social media site in the employer's presence, or access it indirectly through another person or contact. Finally, the employer cannot  retaliate or discriminate if an employee does not provide their social networking site information.

There are some exceptions to these prohibitions including: if the online account is created by the employer; and if done on an electronic devices (computers, smartphones, tablets, etc.) paid in part or in full by the employer; and for information in the "public domain."

The proposed Act would permit people whose rights have been violated to sue the employer or potential employer and recover actual damages, attorney's fees and costs.

The language of the bill is available here on the Nebraska Legislature's website: LB 58

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