Under the new law signed by Gov. Steve Bullock on April 23, employers are prohibited from the following: requiring current or prospective employees to share their login credentials; requiring individuals to access their accounts in a supervisor’s presence; requiring any communications which the individual made through personal account to be turned over; and retaliating against applicants or employees for their refusal to disclose their personal social media information.
In contrast to other states password protection laws, Montana’s law does permit employers to seek employees’ passwords in instances where it can be shown use of the account has contributed to some form of work-related employee misconduct, criminal defamation or the unauthorized transfer of proprietary or confidential information, trade secrets or financial data. Additionally, the law maintains that employees must disclose their passwords in the event of an investigation into employer-related compliance issues with the laws and regulations of either the federal government or a self-regulatory authority.
Source: National Law Review, 4/21/2015
Posted: May 7, 2015