Do I Have To Give My Employer My Social Media Password? State Laws

Currently, there is no federal law prohibiting employers from requesting social media passwords from their employees. But even lacking a federal law on passwords, an employer is prohibited from using an employee’s social media to discriminate against the employee. Furthermore, as of April 2026, 27 states have laws that restrict employers from requesting or requiring usernames, passwords, or other access credentials to an applicant’s or employee’s personal social media accounts.

For the 27 states with protections on personal social media accounts, employers cannot request usernames or passwords. They also cannot force an employee to access accounts in front of them or prevent them from changing privacy settings. Some states provide a narrow exception to the rule that allows employers to request social media content during the course of a specific workplace investigation such as employee misconduct and security concerns.

What Can an Employer Do With an Employee’s Social Media Account?

Even if a state prohibits an employer from accessing an employee’s social media account, there are other things an employer is permitted to do. An employer may do the following:

• View an employee’s public social media accounts (not using passwords or special access)

• Regulate company-owned devices such as the employer’s computer, company social media accounts, and electronic communications

• Investigate specific employee misconduct such as theft of intellectual property or data breaches using targeted requests (depends on state laws)

An employer may have a narrow exception to get an employee to share content from their personal account when making a factual determination in an investigation. For example, an employer may get notice that an employee is using their social media to reveal confidential company information or trade secrets. In that situation, an employer may not request access or passwords, but may require the employee to share content relevant to the investigation.

What Can’t an Employer Do With an Employee’s Social Media Account?

In states that restrict employer access to social media accounts, an employer can’t request or demand disclosure of usernames, passwords, or other access to personal email accounts or social media accounts.

Additionally, an employer is prohibited from discharging, disciplining, or otherwise penalizing an employee or applicant because the employee or applicant refused to disclose their login information or access their account in the employer’s presence.

However, a prospective employer may ask for an applicant’s LinkedIn or website information. This is different than asking for a password or demanding access. Similarly, an employer may legally review any of your public social media posts.

Penalties for Violations

State legislatures have imposed different penalties ranging from statutory penalties (fines), to reasonable attorney fees and costs, to equitable relief. Examples of equitable relief include requiring a company to hire an applicant it unlawfully rejected based on social media information, or ordering reinstatement of a wrongfully terminated employee.

State Laws on Employer Social Media Password Requests

This table shows the current state laws regarding employer bans on social media password requests. It also shows which states have laws prohibiting retaliation, and if the employer has an exception to the rule for investigations.

What if You Are Asked by an Employer for Passwords to Your Private Social Media Accounts?

Again, an employer is permitted to review any public social media posts you make.

However, if you are an employee or job applicant and your employer is asking for your personal internet accounts or to access information in your personal social media, you may want to speak with a lawyer specializing in employment law. A lawyer can explain your state’s privacy laws and assess your case.

Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified attorney if you have legal questions.