Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New Jersey’s New Social Media Law: Balancing Privacy Interests and Economic Opportunity

Author: Scarinci Hollenbeck, LLC

Date: February 5, 2014

Key Contacts

Back

Whether we talk about Amazon drones or social media, striking the proper balance between the public’s interest in privacy and the business industry’s quest for economic opportunity is never easy. New Jersey’s recently implemented social media law reflects an attempt to resolve one aspect of that struggle.

The new law, which took effect in December 2013, restricts how employers can access social media accounts of employees and job applicants. For example, businesses can no longer require prospective employees to provide their user name, password, or any other information needed to access one’s social networking sites such as Twitter, Facebook, and Pinterest.

While the new restrictions may seem to favor employees, the final version of New Jersey’s social media law reflects lawmakers’ attempts to both protect users’ privacy interests and allow businesses to capitalize on the information source offered by this ever-growing technology. In fact, Govornor Chris Christie conditionally vetoed the initial version of the law, claiming that it would be too one-sided.

While Christie acknowledged the privacy concerns of job candidates and employees, he stated that their rights must be balanced against employers’ needs to hire appropriate personnel, manage their operations and safeguard their business assets and proprietary information. His conditional veto message echoed the concerns raised by the business community that the bill “paints with too broad a brush.”

Accordingly, the final version of the law contains a number of protections designed to help employers. For instance, the law authorizes New Jersey businesses to investigate an employee’s social media activities after receiving specific information about work-related misconduct. It also allows businesses to investigate the transfer of proprietary information to an employee’s personal account.

Companies can also require employees to disclose the passwords of social media accounts created by, or maintained for the benefit of, the employer. Employers are also not prohibited from accessing the social media pages of applicants or employees to the extent that they are publicly available. While employers may face administrative fines for violating the law, the final version of New Jersey’s social media law eliminated a private cause of action for employees.

While the New Jersey legislature and the Governor may have been able to some balance in this case, there are a myriad of privacy issues impacting New Jersey businesses that will have to be hashed out in the future. In the meantime, we encourage businesses to work with experienced counsel to navigate the ever-changing waters.

If you have any questions about New Jersey’s new social media law or need compliance assistance, please contact me, Fernando M. Pinguelo, or the Scarinci Hollenbeck attorney with whom you work. To learn more about data privacy and protection and cybersecurity, visit eWhiteHouseWatch.com.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]

Author: Brian D. Spector

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!