SENATE BILL 371

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Jacob Candelaria

AN ACT

RELATING TO EMPLOYMENT; PROHIBITING PROSPECTIVE EMPLOYERS FROM REQUESTING OR REQUIRING A PROSPECTIVE EMPLOYEE TO PROVIDE A PASSWORD OR ACCESS TO THE PROSPECTIVE EMPLOYEE'S SOCIAL NETWORKING ACCOUNT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. REQUEST FOR ACCESS TO SOCIAL NETWORKING ACCOUNT PROHIBITED.--

          A. It is unlawful for an employer to request or require a prospective employee to provide a password or other related account information in order to gain access to the prospective employee's account or profile on a social networking web site or to demand access in any manner to a prospective employee's account or profile on a social networking web site.

          B. Nothing in this section shall limit an employer's right to:

                (1) promulgate and maintain lawful workplace policies;

                (2) govern the use of the employer's electronic equipment;

                (3) have policies regarding internet use, social networking site use and electronic mail use; and

                (4) monitor usage of the employer's electronic equipment and the employer's electronic mail without requesting or requiring a prospective employee to provide a password or other related account information in order to gain access to the prospective employee's account or profile on a social networking web site.

          C. Nothing in this section shall prohibit an employer from obtaining information about a prospective employee that is in the public domain.

          D. As used in this section, "social networking web site" means an internet-based service that allows individuals to:

                (1) construct a public or semi-public profile within a bounded system created by the service;

                (2) create a list of other users with whom they share a connection within the system; and

                (3) view and navigate their list of connections and those made by others within the system.

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