Are there laws that prohibit employers from monitoring the social media accounts of their employees?

In South Carolina, employers are prohibited from monitoring their employees’ social media accounts in some circumstances. The South Carolina Social Media Privacy Act (SMCPA) prohibits employers from asking their employees or applicants for usernames, passwords, or other account information related to their personal social media accounts. Additionally, employers are barred from requiring employees or applicants to add the employer or its representatives as a “friend” or “follower” on their personal social media accounts. Employers may still monitor public social media content posted by their employees, as the SMCPA does not prohibit employers from accessing information that is available to the public or to third-party users of the social media service. However, employers must be careful not to access any content that is only available to the employee or to their designated contacts. The SMCPA also prohibits employers from retaliating against, disciplining, or terminating employees for refusing to disclose their social media account information or for having lawful activities that are conducted away from the employer’s premises and outside of the employee’s hours of work. In South Carolina, employers should be aware of the SMCPA and ensure that they are in compliance with all of its terms. The SMCPA is an important law protecting the social media privacy of South Carolina employees and applicants.

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Are there laws that prohibit employers from monitoring the social media accounts of their employees?

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