Delaware Workplace Privacy Act Protects Student Facebook Posts' Privacy

Delaware's Workplace Privacy Act (H.B. 308), died with the end of the legislative session. As readers know from my several prior posts, I won't exactly be mourning the loss. The Bill's companion legislation, H.B. 309, did survive, however, passed by the State Senate during its final session. Although my attention has been focused on H.B. 308, which would have affected all employers operating in the State, H.B. 309 is worthy of discussion, as well.

If signed by Gov. Markell, H.B. 309 will prohibit post-secondary schools in Delaware from certain practices relating to student's social-media accounts. Specifically, the Bill will prohibit colleges and universities from:

  • requiring a student to turn over his or her Facebook username or password as a condition of obtaining or keeping a scholarship;
  • requiring a student to install social-media-monitoring software onto his or her personal phone or computer; and
  • requiring a student to accept a Facebook friend request from a school employee or other agent of the school.


Delaware is the first state in the country to pass such a law, although several similar Bills have been introduced in several states, as well as on Capital Hill. So what motivated this legislative initiative? Lest I not pretend to understand the political machine, I'll venture a general guess. Over the past few years, it has become increasingly common for schools to require students on athletic scholarships to be Facebook friends with their coaches, presumably so the coach can monitor the student's Facebook page.

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Read more Labor and Employment Law insights from Margaret (Molly) DiBianca in the Delaware Employment Law Blog.

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