Education institutions (as well as other organizations in the educational industry, including, without limitation, providers of services to educational institutions) need to take into account state laws that limit an educational institution from requiring students to disclose social media account user names and passwords.
Cyber and Privacy Risk and Insurance
Currently, nine states have such laws:
- Arkansas (Ark.
- California (Calif. Educ. Code Sections 99120–99122)
- Delaware (Del. H.B. 309)
- Illinois (Ill. H.B. 64) (effective January 1, 2014)
- Michigan (MCL Sections 37.271 et
- New Jersey (N.J. Sess. Law 2879, ch. 223)
- New Mexico (N.M. S.B. 422)
- Oregon (Or. S.B. 344)
- Utah (Utah Code Sections 53B–24–101
In a related development, 11 states have employer social media account laws:
- Arkansas (Ark. H.B. 1901)
- California (Calif. Lab. Code
- Colorado (Colo. H.B. 1046)
- Illinois (820 ILCS 55/1 et seq.)
- Maryland (Md. Lab. and Employment Code Section 3–712)
- Michigan (MCL Sections 37.271 et seq.)
- Nevada (Nev.
- New Mexico (N.M. S.B. 371)
- Oregon (Or. H.B. 2654)
- Utah (Utah Code Sections 34–48–101
- Washington (Wash. S.B. 5211)
Additional states are considering similar
This article provides a brief overview of the state educational
institution laws. If you wish to obtain a long-form summary of these state laws,
please e-mail the author at
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