Last month, I discussed the recently introduced Ohio Senate Bill 45, which would prohibit employers "from
requiring an applicant or employee to provide access to private electronic
accounts of the applicant or employee." As I've earlier noted, this bill has many problems. One of its biggest problems,
though, is whether an issue even exists that this type of legislation needs to
Last week, the Senate's Commerce & Labor Committee
heard sponsor's testimony on the bill. Gary Daniels, the Associate Director of
the ACLU of Ohio, was among those who testified in favor of this bill.
Mr. Daniels's testimony (which you can download in its entirety here), includes his
unsubstantiated belief that this legislation is necessary to combat the
"disturbing trend ... developing across the country whereby prospective and
current employers demand access to usernames and passwords...."
You would think that if the practice of employers
requiring applicants and employees to disclose login and password information
has reached epidemic proportions, I would have heard of or encountered at least
one employer engaging in this practice. I haven't. At his Connecticut
Employment Law Blog, Dan Schwartz calls these password privacy bills "an answer in
search of a problem." I think Dan is spot on. Yet, is it possible that we
are that far off-base, and the ACLU is correct?
Since my last survey (on the FMLA) worked out so well, I decided
to try again. I'd like to gauge public opinion on whether employers are
insisting on social media logins and passwords, or if this is an illusory
problem trumped up by the news media and special interest groups.
Please take a few minutes to answer a short survey on
your opinions about and personal experience with these issues. I'll keep the
survey open through March 22, and publish the results the following week.
Please visit the Ohio Employer Law blog to answer
the survey, or the
survey is also available at this link. I thank you in advance for the few
moments of your time in responding.
Visit the Ohio Employer's Law Blog for more
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