Arkansas Trucking Association

Arkansas Social Media Privacy Bills Unpopular with Facebook

Facebook doesn’t “like” two bills being considered by state legislators – one that would allow certain employers to require access to their employees’ social media accounts, and one that would give personal representatives access to a deceased person’s digital records.

House Bill 1087 by Rep. Nate Bell, R-Mena, would allow entities working with minors as well as religious entities to require access to employees’ social media accounts. Employers at schools, day cares, and summer camps could require their employees to “friend” them on Facebook, for example. The bill would amend a 2013 law prohibiting any employer from having that requirement.

The bill passed the House, 91-1, on Feb. 23, with only Rep. Warwick Sabin, D-Little Rock, voting no. It has been referred to the Senate Committee on Public Health, Welfare and Labor.

The bill drew attention from Facebook. Spokesperson Andy Stone said, “Any legislation that requires employees to give employers access to their private communication is problematic, but this bill goes even further by compelling minors to provide an adult employee or supervisor access to their social media accounts.”

Facebook also is opposed to House Bill 1362, the Uniform Fiduciary Access to Digital Assets Act, by Rep. Matthew Shepherd, R-El Dorado. It would allow a deceased person’s personal representative access to his or her digital information. Both bills failed to garner support in the Senate.