SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
2681 
s. No. __ ---==-= 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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PROHIBITING EMPLOYERS FROM COMPELLING EMPLOYEES AND 
APPLICANTS FOR EMPLOYMENT TO PROVIDE ACCESS TO THEIR SOCIAL 
MEDIA ACCOUNTS 
EXPLANATORY NOTE 
The Constitution, Article 3, Section 3 provides: 
Section 3. (I) The privacy of communication and correspondence 
shall be inviolable except upon lawful order of the court, or when public 
safety or order requires otherwise, as prescribed by law. 
(2) Any evidence obtained in violation of this or the preceding 
section shall be inadmissible for any purpose in any proceeding. 
This Act seeks to prohibit employers from compelling employees or applicants for 
employment to provide access to their personal social media accounts. The purpose of 
this prohibition is to defend the fundamental right to privacy of each person. 
While many laws provide for the protection of physical property, communication 
and correspondence, there is a gap in the law with regard to privacy online. As electronic 
media technology allows for widespread and accessible internet connectivity, personal 
information and property are no longer confined to physical forms. Most people have 
social media accounts for sharing personal thoughts and insights, and storing personal 
information that they may not want to divulge to the public at large. People deserve the 
same statutory protection with regard to the invasion and abuse of their privacy on the 
internet and social media. 


One way that these may be invaded is when employers compel employees or 
applicants for employment to divulge passwords to their accounts for whatever purpose. 
This is an invasion of privacy and must be prohibited. 1 
~ 
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MIRIAM DEr~'1S0R SANTIfGb 
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1 Adopted from the Oregon State Legislature 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
2681 
S. No. --'-"-"--=-.::"'----
) 
) 
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Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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AN ACT 
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PROHIBITING EMPLOYERS FROM COMPELLING EMPLOYEES AND 
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APPLICANTS FOR EMPLOYMENT TO PROVIDE ACCESS TO THEIR SOCIAL 
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MEDIA ACCOUNTS 
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SECTION 1. Short Title. - This Act shall be known as the "Social Media Privacy 
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Act". 
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SECTION 2. Definition. - For the purpose of this Act, "Social Media" means any 
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electronic medium that allows users to create, share and view user-generated content, 
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including, but not limited to, uploading or downloading videos, still photographs, blogs, 
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video blogs, podcasts, instant messages, electronic mail or Internet website profiles or 
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locations. 
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SECTION 3. Prohibition. - It shall be unlawful employment practice for an 
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employer to: 
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(1) Require or request an employee or an applicant for employment to 
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disclose or to provide access through the employee's or applicant's user 
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name and password, password or other means of authentication that 
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provides access to a personal social media account; 


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(2) Compel an employee or applicant for employment to add the employer 
or an employment agency to the employee's or applicant's list of 
contacts associated with a social media website; 
(3) Except as provided in Section 5(1), compel an employee or applicant for 
employment to access a personal social media account in the presence 
of the employer and in a manner that enables the employer to view the 
contents of the personal social media account that are visible only when 
the personal social media account is accessed by the account holder's 
user name and password, password or other means of authentication; 
(4) Take, or threaten to take, any action to discharge, discipline or 
otherwise penalize an employee for the employee's refusal to disclose, 
or to provide access through, the employee's user name and password, 
password or other means of authentication that is associated with a 
personal social media account, to add the employer to the employee's 
list of contacts associated with a social media website or to access a 
personal social media account as described in paragraph (3) of this 
Section; or 
(5) Failor refuse to hire an applicant for employment because the applicant 
refused to disclose, or to provide access through, the applicant's user 
name and password, password or other means of authentication that is 
associated with a personal social media account, to add the employer to 
the applicant's list of contacts associated with a social media website or 
to access a personal social media account as described in Paragraph (3) 
of this Section. 
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SECTION 4. Employer's Account. - An employer may require an employee to 
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disclose any user name and password, password or other means for accessing an account 
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provided by, or on behalf of, the employer or to be used on behalf of the employer. 
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An employer may not be held liable for the failure to request or require an 
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employee or applicant to disclose the information specified in Section 3(1). 
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SECTION 5. Permitted Practices. - Nothing in this Act shall be understood to 
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prevent an employer from: 
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(1) Conducting an investigation, without requiring an employee to provide 
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a user name and password, password or other means of authentication 
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that provides access to a personal social media account of the employee, 
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for the purpose of ensuring compliance with applicable laws, regulatory 
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requirements or prohibitions against work-related employee misconduct 
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based on receipt by the employer of specific information about activity 
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of the employee on a personal online account or service; 
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(2) Conducting an investigation permitted under this Section that requires 
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an employee, without providing a user name and password, password or 
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other means of authentication that provides access to a personal social 
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media account of the employee, to share content that has been reported 
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to the employer that is necessary for the employer to make a factual 
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determination about the matter; or 
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(3) Accessing information available to the public about the employee or 
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applicant that is accessible through an online account. 
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SECTION 6. Inadvertent Reception. - If an employer inadvertently receives the 
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user name and password, password or other means of authentication that provides access 
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to a personal social media account of an employee through the use of an electronic device 
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or program that monitors usage of the employer's network or employer-provided devices, 
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the employer is not liable for having the information but may not use the information to 
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access the personal social media account of the employee. 
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SECTION 7. Separability Clause. - If any provision or part hereof, is held invalid 
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or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
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remain valid and subsisting. 
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SECTION 8. Repealing Clause. -
Any law, presidential decree or issuance, 
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executive order, letter of instruction, administrative order, rule or regulation contrary to 
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or is inconsistent with the provision of this Act is hereby repealed, modified, or amended 
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accordingly. 
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SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
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its publication in at least two (2) newspapers of general circulation. 
Approved, 
laml 27February20 15 
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