Are employers allowed to collect data from personal social media accounts of their employees?
In Kansas, employers are generally not allowed to collect data from personal social media accounts of their employees. The Kansas Open Records Act prohibits employers from collecting and using any personal information obtained from an employee’s private social media accounts. Furthermore, employers are prohibited from requesting access to an employee’s social media accounts, even with the employee’s permission. Employers are also not allowed to ask for social media passwords during the hiring process, or any other time, as this is a violation of the Consumer Protection Act. Additionally, employers are not allowed to use any information obtained from social media accounts to make hiring or firing decisions. Employers in Kansas are also prohibited from taking any action to penalize employees who refuse to provide access to their social media accounts. Employees are within their rights to refuse access and the employer cannot take any disciplinary action against them. Finally, employers are discouraged from using any form of digital surveillance to monitor employees’ posts, comments, or messages on social media. These practices are not only unlawful, but could also be considered a form of employee harassment if an employer is regularly monitoring social media accounts.
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