Updating my previous post on this topic, the Judiciary Committee today reported L.D. 1194, An Act to Protect Social Media Privacy in School and the Workplace out of Committee with a recommendation that the bill be passed as amended. The Judiciary Committee’s amendment replaces the bill with a resolve, under which the Judiciary Committee will continue to study issues regarding social media and personal e-mail privacy in the workplace and in schools. The resolve identifies several particular areas of study, including among others:
Concerns of employees and applicants for employment about privacy rights associated with social media and personal e-mail accounts;
Concerns of employers, both public and private, about social media and personal e-mail accounts of employees and applicants for employment with regard to workplace needs, protection of proprietary information, proposed heightened requirements associated with specific types of employment and compliance with state and federal laws concerning workplace safety and regulation of business-related representations;
Laws and experiences in other states concerning social media and personal e-mail privacy; and
The application of federal law and regulations concerning social media and personal e-mail privacy.
The resolve also directs the Judiciary Committee to meet up to four times for its study and to submit a report to the Legislature with findings and recommendations, including suggested legislation, no later than November 5, 2014.