Can Employers Ask Workers, Applicants for Social Media Login Information?

, New York Law Journal


Debbie Kaminer, a professor in the Department of Law at the Zicklin School of Business at Baruch College/CUNY, writes that employees may be protected under Title II of the ECPA, or the SCA which prohibits employers from accessing their employees' personal online information in an unauthorized manner. However, it is unclear what constitutes "authorized access" as well as how the SCA would apply to job applicants.

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