An Act To Promote Privacy in Social Media
Maine Legislature, Session 127, LD 0686
Committee: Judiciary
Sponsors: PIERCE, BREEN, FARNSWORTH, WARREN

Legislative Document 
No. 686 
H.P. 467 
House of Representatives, March 3, 2015 
An Act To Promote Privacy in Social Media 
Reference to the Committee on Judiciary suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative PIERCE of Falmouth. 
Cosponsored by Senator BREEN of Cumberland and 
Representatives: FARNSWORTH of Portland, WARREN of Hallowell. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA c. 7, sub-c. 1-C is enacted to read: 
SUBCHAPTER 1-C 
EMPLOYEE SOCIAL MEDIA PRIVACY 
§615.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1.  Applicant.  "Applicant" means an applicant for employment. 
2.  Employee.  "Employee" means an individual who provides services or labor for 
an employer for wages or other remuneration. 
3.  Employer.  "Employer" means a person in this State who employs individuals and 
includes the State and political subdivisions of the State.  "Employer" includes a person 
acting in the interest of an employer directly or indirectly. 
4.  Social media account.  "Social media account" means an account with an 
electronic medium or service through which users create, share and view user-generated 
content including but not limited to videos, still photographs, blogs, video blogs, 
podcasts, instant and text messages, e-mail, online service accounts and Internet website 
profiles and locations.  "Social media account" does not include an account opened at an 
employer's behest or provided by an employer or intended to be used primarily on behalf 
of an employer. 
§616.  Prohibitions 
An employer may not: 
1.  Passwords.  Require or coerce an employee or applicant to disclose, or request 
that an employee or applicant disclose, the password or any other means for accessing a 
personal social media account; 
2.  Access in presence.  Require or coerce an employee or applicant to access, or 
request that an employee or applicant access, a personal social media account in the 
presence of the employer or an agent of the employer; 
3.  Information; exceptions.  Require or coerce an employee or applicant to disclose 
any personal social media account information, except when reasonably believed to be 
relevant to an investigation of allegations of employee misconduct or a workplace-related 
violation of applicable laws, rules or regulations and when not otherwise prohibited by 
law, as long as the information disclosed is accessed and used solely to the extent 
necessary for purposes of that investigation or a related proceeding; 
4.  Contacts.  Require or cause an employee or applicant to add anyone, including 
the employer or an agent of the employer, to the employee's or applicant's list of contacts 
associated with a personal social media account; 
5.  Settings.  Require or cause an employee or applicant to alter, or request that an 
employee or applicant alter, settings that affect a 3rd party's ability to view the contents of 
a personal social media account; 
6.  Employees.  Discharge, discipline or otherwise penalize or threaten to discharge, 
discipline or otherwise penalize an employee for the employee's refusal to disclose or 
provide access to information as specified in subsection 1, 2 or 3 or for refusal to add 
anyone to the employee's list of contacts associated with a personal social media account 
as specified in subsection 4 or to alter the settings associated with a personal social media 
account as specified in subsection 5; or 
7.  Applicants.  Fail or refuse to hire an applicant as a result of the applicant's refusal 
to disclose or provide access to information specified in subsection 1, 2 or 3 or refusal to 
add anyone to the applicant's list of contacts associated with a personal social media 
account as specified in subsection 4 or to alter the settings associated with a personal 
social media account as specified in subsection 5. 
§617.  Exceptions 
1.  Publicly available information.  This subchapter does not apply to information 
about an applicant or employee that is publicly available. 
2.  Duty to screen or supervise.  This subchapter does not prohibit or restrict an 
employer from complying with a duty to screen employees or applicants before hiring or 
to monitor or retain employee communications that is established by a self-regulatory 
organization as defined by the federal Securities Exchange Act of 1934, 15 United States 
Code, Section 78c(a)(26) or under state or federal law, regulation or rule to the extent 
necessary to supervise communications of regulated financial institutions or insurance or 
securities licensees for banking-related, insurance-related or securities-related business 
purposes. 
§618.  Penalties for violations 
In any civil action alleging a violation of this subchapter, the court may: 
1.  Declaratory relief, damages and costs.  Award to a prevailing applicant or 
employee declaratory relief, damages and reasonable attorney's fees and costs; and 
2.  Injunctive relief.  Award injunctive relief against an employer or an agent of an 
employer who commits or proposes to commit a violation of this subchapter. 
SUMMARY 
This bill protects the social media privacy of employees and applicants for 
employment. 
The bill prohibits an employer from requiring or coercing an employee or applicant to 
disclose, or requesting that an employee or applicant disclose, the password or any other 
means for accessing a personal social media account.  It also prohibits an employer from 
requiring or coercing an employee or applicant to access, or requesting that an employee 
or applicant access, a personal social media account in the presence of the employer or an 
agent of the employer.  It also prohibits an employer from requiring or coercing an 
employee or applicant to disclose any personal social media account information, except 
when the employer reasonably believes it to be relevant to an investigation of allegations 
of employee misconduct or a workplace-related violation of applicable laws, rules or 
regulations but only when not otherwise prohibited by law.  It that situation, the employer 
may access the information and use it solely to the extent necessary for purposes of that 
investigation or a related proceeding. 
The bill prohibits an employer from requiring or causing an employee or applicant to 
add anyone, including the employer or the agent of the employer, to the employee's or 
applicant's list of contacts associated with a personal social media account.  It also 
prohibits an employer from requiring or causing an employee or applicant to alter, or 
requesting that employee or applicant alter, settings that affect a 3rd party's ability to 
view the contents of a personal social media account. 
The bill prohibits an employer from taking adverse action against an employee or 
applicant who refuses to take part in actions that the employer is prohibited from taking.  
It allows a court in a civil action to award a prevailing plaintiff declaratory relief, 
damages and reasonable attorney's fees and costs and injunctive relief against an 
employer or the agent of the employer. 
The new subchapter does not apply to information about an applicant or employee 
that is available to the public. 
The new subchapter does not prohibit or restrict an employer from complying with a 
duty to screen employees or applicants before hiring or to monitor or retain employee 
communications that is established by a self-regulatory organization as defined by the 
federal Securities Exchange Act of 1934, 15 United States Code, Section 78c(a)(26) or 
under state or federal law, regulation or rule to the extent necessary to supervise 
communications of regulated financial institutions or insurance or securities licensees for 
banking-related, insurance-related or securities-related business purposes.