Nebraska is the latest state to adopt a law that protects employees’ online privacy. Under the Workplace Privacy Act (bill 821), employers are prohibited from accessing an employee or applicant’s personal internet account. Employers cannot require employees or applicants to access their accounts in the employer’s presence nor require them to accept an invitation to join a group affiliated with the employee or applicant’s personal internet account. If employees or applicants refuse to disclose the login information, employers cannot take adverse action against them, or fail to hire them. However, if the employer has specific information about potentially wrongful activity taking place on the personal internet account or information about an unauthorized download or transfer of the employer’s private proprietary information, private financial data, or other confidential information, the employer can request access to the internet accounts.
Employers that “inadvertently” get access to the login information through the employer’s computer network or employer-provided electronic communication devices, cannot use the information to access the account, and must delete the information as soon as practicable. A civil suit may be filed by the employee within one year after the date of alleged violation or the discovery of the alleged violation. Thus, Nebraska employers are encouraged to start reviewing their workplace policies for compliance. The new law becomes effective July 20, 2016.