“An academic institution shall not request or require that a student or applicant disclose any password or other related account information in order to gain access to the student’s or applicant’s social networking site profile or account by way of an electronic communication device.” In July, 2012, the governor of Delaware signed a legislative bill that would prevent higher education institutions in that state from requiring students, or applicant’s, to disclose digitally protected information. Additionally, the Delaware law prevents public and private universities from monitoring and tracking student online activities, and from requiring, or requesting, that student’s or applicant’s login to their social media website in the presence of a university official.
Along with the federal government, more states are beginning to propose similar forms of legislation that prevents government agencies and private employers from requiring individuals to disclose their personal digital information in order to gain access to personal social media activities. For states like California, Maryland, and Illinois, the decision to adopt this type of social media legislation comes down to the argument that people post activities on social media websites for their family and friends to enjoy, and ultimately, it has no bearing on their performance in the workplace or classroom.
Do people’s online civil liberties take precedent over matters involving public safety? Cyber-bullying? Private employment? Employers/school officials may argue that you can indeed tell a lot about a candidate/employee/student from what they post on social media websites.
Regardless of how each state decides to handle the matter of requiring individuals to disclose their social media password in order to investigate (some may call it due diligence) their online activities, the debate will become more complicated as a “balance” is sought between civil liberties and proper due diligence.