Maryland “Facebook Law” Raises New Obstacles for Employers and Other Significant Maryland Developments

Maryland has become the first state to pass a bill, the User Name and Password Privacy Protection Act (SB 433/HB 964) (the “Act”), that bans employers from asking employees and applicants for social media passwords and login information. Specifically, the bill would prohibit an employer from taking or threatening any form of adverse action based on an employee’s or applicant’s refusal to provide a user name or password to a personal account accessed through a communications device. Governor Martin O’Malley likely will sign the bill into law in May 2012.