Expert Commentary

State Social Media Account Laws for Educational Institutions

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
August 2013

Currently, nine states have such laws:

  • Arkansas (Ark. H.B. 1902)
  • 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 seq.)
  • 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 et seq.)

In a related development, 11 states have employer social media account laws:

  • Arkansas (Ark. H.B. 1901)
  • California (Calif. Lab. Code Section 980)
  • 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. A.B. 181)
  • New Mexico (N.M. S.B. 371)
  • Oregon (Or. H.B. 2654)
  • Utah (Utah Code Sections 34–48–101 et seq.)
  • Washington (Wash. S.B. 5211)

Additional states are considering similar legislation.

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

Opinions expressed in Expert Commentary articles are those of the author and are not necessarily held by the author's employer or IRMI. Expert Commentary articles and other IRMI Online content do not purport to provide legal, accounting, or other professional advice or opinion. If such advice is needed, consult with your attorney, accountant, or other qualified adviser.

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