Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1893 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2850 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1893
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kenneth I. Gordon
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to social media privacy protection.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kenneth I. Gordon21st Middlesex1/10/2023Michael J. BarrettThird Middlesex1/31/2023 1 of 11
16	16	HOUSE DOCKET, NO. 2850 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1893
18	18	By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1893) of
19	19	Kenneth I. Gordon and Michael J. Barrett relative to social media consumer privacy protection.
20	20	Labor and Workforce Development.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1982 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to social media privacy protection.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 15A of the General Laws, as appearing in the 2020 Official
32	32	2Edition, is hereby amended by adding the following section:-
33	33	3 Section 45. (a) As used in this section, the following words shall have the following
34	34	4meanings unless the context clearly requires otherwise:
35	35	5 “Educational institution”, a public or private higher education institution located in the
36	36	6commonwealth.
37	37	7 “Personal social media account", a social media account, service or profile that is used by
38	38	8a current or prospective student exclusively for personal communications unrelated to any
39	39	9educational purpose of the educational institution; provided however, that “personal social media 2 of 11
40	40	10account” shall not include any social media account created, maintained, used or accessed by a
41	41	11student or prospective student for education related communications or for an educational
42	42	12purpose of the educational institution.
43	43	13 “Social media”, an electronic medium allowing users to create, share and view user-
44	44	14generated content including, but not limited to, uploading or downloading videos or still
45	45	15photographs, blogs, video blogs, podcasts, messages, e-mails or internet website profiles or
46	46	16locations.
47	47	17 (b) An educational institution shall not:
48	48	18 (i) require, request or cause a student or applicant to disclose a user name,
49	49	19password or other means for access, or provide access through a user name or password, to a
50	50	20personal social media account;
51	51	21 (ii) compel a student or applicant, as a condition of acceptance or participation in
52	52	22curricular or extracurricular activities, to add a person, including but not limited to, a coach,
53	53	23teacher, school administrator or other school employee or school volunteer, to the student’s or
54	54	24applicant’s list of contacts associated with a personal social media account;
55	55	25 (iii) require, request or cause an employee or applicant to reproduce in any
56	56	26manner, photographs, videos, or information contained within a personal social media account
57	57	27without cause to believe that such photographs, video, or information would interfere with an
58	58	28educational institution's right to enforce lawful school policies; or
59	59	29 (iv) take or threaten adverse action against a student or applicant, including but
60	60	30not limited to restraining the student’s participation in extracurricular activities, for refusing to 3 of 11
61	61	31disclose information specified in clause (i) or clause (iii) or for refusing to add a coach, teacher,
62	62	32school administrator or other school employee or school volunteer to a list of contacts associated
63	63	33with a personal social media account, as specified in clause (ii).
64	64	34 (c) This section shall not apply to information about a student or applicant that is publicly
65	65	35available.
66	66	36 (d) Nothing in this section shall limit an educational institution’s right to promulgate and
67	67	37maintain lawful policies governing the use of the educational institution’s electronic equipment,
68	68	38including policies regarding use of the internet, email or social media.
69	69	39 (e) An aggrieved student or prospective student may institute a civil action for damages
70	70	40or to restrain a violation of this section and may recover: (i) $1,000 for each request that violates
71	71	41clause (i) or (ii) of subsection (b); (ii) $1,000 for each adverse action, which violates clause (iii)
72	72	42of subsection (b), or actual damages, whichever amount is higher; (iii) punitive damages if a
73	73	43court determines that a violation was willful; and (iv) reasonable attorneys’ fees and other
74	74	44litigation costs reasonably incurred.
75	75	45 (f) Nothing in this section shall prevent the educational institution, after receipt of
76	76	46specific relevant information, from requesting access to a student’s personal social media
77	77	47account to ensure compliance with applicable state or federal laws, rules or regulations; legally
78	78	48mandated investigations of students’ actions; or judicial directives; provided, however, that an
79	79	49educational institution, prior to requesting access to a personal social media account, shall notify
80	80	50the student and the student’s parent or guardian, if a minor, of the grounds for the request and
81	81	51that the student is not required to give access to a personal social media account; and provided
82	82	52further, that (i) the educational institution has no other means of obtaining the relevant 4 of 11
83	83	53information; (ii) information gained from access to the student’s personal social media account
84	84	54shall be used solely for purposes of the investigation or a related proceeding; and (iii) any access
85	85	55to a student’s personal social media account shall be limited to identifying relevant evidence. If a
86	86	56student does not permit access to a personal social media account, the educational institution
87	87	57shall not take or threaten adverse action against a student for refusing to permit access to said
88	88	58personal social media account.
89	89	59 SECTION 2. Chapter 71 of the General Laws is hereby amended by adding the following
90	90	60section:-
91	91	61 Section 97. (a) As used in this section, the following words shall have the following
92	92	62meanings unless the context clearly requires otherwise:
93	93	63 "Educational institution”, a public or private institution providing elementary or
94	94	64secondary education located in the commonwealth.
95	95	65 “Personal social media account", a social media account, service or profile that is used by
96	96	66a current or prospective student exclusively for personal communications unrelated to any
97	97	67educational purpose of the educational institution; provided however, that “personal social media
98	98	68account” shall not include any social media account created, maintained, used or accessed by a
99	99	69student or prospective student for education related communications or for an educational
100	100	70purpose of the educational institution.
101	101	71 “Social media”, an electronic medium allowing users to create, share and view user-
102	102	72generated content including, but not limited to, uploading or downloading videos or still
103	103	73photographs, blogs, video blogs, podcasts, messages, e-mails or internet website profiles or
104	104	74locations. 5 of 11
105	105	75 (b) An educational institution shall not:
106	106	76 (i) require, request or cause a student or applicant to disclose a user name,
107	107	77password or other means for access, or provide access through a user name or password, to a
108	108	78personal social media account;
109	109	79 (ii) compel a student or applicant, as a condition of acceptance or participation in
110	110	80curricular or extracurricular activities, to add a person, including but not limited to, a coach,
111	111	81teacher, school administrator or other school employee or school volunteer, to the student’s or
112	112	82applicant’s list of contacts associated with a personal social media account;
113	113	83 (iii) require, request or cause an employee or applicant to reproduce in any
114	114	84manner, photographs, videos, or information contained within a personal social media account
115	115	85without cause to believe that such photographs, video, or information would interfere with an
116	116	86educational institution's right to enforce lawful school policies; or
117	117	87 (iv) take or threaten adverse action against a student or applicant, including, but
118	118	88not limited to, restraining the student’s participation in extracurricular activities, for refusing to
119	119	89disclose information specified in clause (i) or clause (iii) or for refusing to add a coach, teacher,
120	120	90school administrator or other school employee or school volunteer to a list of contacts associated
121	121	91with a personal social media account, as specified in clause (ii)
122	122	92 (c) This section shall not apply to information about a student or applicant that is publicly
123	123	93available. 6 of 11
124	124	94 (d) Nothing in this section shall limit an educational institution’s right to promulgate and
125	125	95maintain lawful policies governing the use of the educational institution’s electronic equipment,
126	126	96including policies regarding use of the internet, email or social media.
127	127	97 (e) An aggrieved student or prospective student may institute a civil action for damages
128	128	98or to restrain a violation of this section and may recover: (i) $1,000 for each request that violates
129	129	99clause (i) or (ii) of subsection (b); (ii) $1,000 for each adverse action, which violates clause (iii)
130	130	100of subsection (b), or actual damages, whichever amount is higher; (iii) punitive damages if a
131	131	101court determines that a violation was willful; and (iv) reasonable attorneys’ fees and other
132	132	102litigation costs reasonably incurred.
133	133	103 (f) Nothing in this section shall prevent the educational institution, after receipt of
134	134	104specific relevant information, from requesting access to a student’s personal social media
135	135	105account to ensure compliance with applicable state or federal laws, rules or regulations; legally
136	136	106mandated investigations of students’ actions; or judicial directives; provided, however, that an
137	137	107educational institution, prior to requesting access to a personal social media account, shall notify
138	138	108the student and the student’s parent or guardian, if a minor, of the grounds for the request and
139	139	109that the student is not required to give access to a personal social media account; and provided
140	140	110further, that (i) the educational institution has no other means of obtaining the relevant
141	141	111information; (ii) information gained from access to the student’s personal social media account
142	142	112shall be used solely for purposes of the investigation or a related proceeding; and (iii) any access
143	143	113to a student’s personal social media account shall be limited to identifying relevant evidence. If a
144	144	114student does not permit access to a personal social media account, the educational institution
145	145	115shall not take or threaten adverse action against a student for refusing to permit access to said
146	146	116personal social media account. 7 of 11
147	147	117 SECTION 3. Chapter 75 of the General Laws is hereby amended by adding the following
148	148	118section:-
149	149	119 Section 48. (a) As used in this section, the following words shall have the following
150	150	120meanings unless the context clearly requires otherwise:
151	151	121 “Personal social media account", a social media account, service or profile that is used by
152	152	122a current or prospective student exclusively for personal communications unrelated to any
153	153	123educational purpose of the University of Massachusetts; provided however, that “personal social
154	154	124media account” shall not include any social media account created, maintained, used or accessed
155	155	125by a student or prospective student for education related communications or for an educational
156	156	126purpose of the University of Massachusetts.
157	157	127 “Social media”, an electronic medium allowing users to create, share and view user-
158	158	128generated content including, but not limited to, uploading or downloading videos or still
159	159	129photographs, blogs, video blogs, podcasts, messages, e-mails or internet website profiles or
160	160	130locations.
161	161	131 (b) The University of Massachusetts shall not:
162	162	132 (i) require, request or cause a student or applicant to disclose a user name,
163	163	133password or other means for access, or provide access through a user name or password, to a
164	164	134personal social media account;
165	165	135 (ii) compel a student or applicant, as a condition of acceptance or participation in
166	166	136curricular or extracurricular activities, to add a person, including but not limited to, a coach, 8 of 11
167	167	137teacher, school administrator or other school employee or school volunteer, to the student’s or
168	168	138applicant’s list of contacts associated with a personal social media account;
169	169	139 (iii) require, request or cause an employee or applicant to reproduce in any
170	170	140manner, photographs, videos, or information contained within a personal social media account
171	171	141without cause to believe that such photographs, video, or information would interfere with the
172	172	142University of Massachusetts's right to enforce lawful school policies; or
173	173	143 (iv) take or threaten adverse action against a student or applicant, including, but
174	174	144not limited to, restraining the student’s participation in extracurricular activities, for refusing to
175	175	145disclose information specified in clause (i) or clause (iii) or for refusing to add a coach, teacher,
176	176	146school administrator or other school employee or school volunteer to a list of contacts associated
177	177	147with a personal social media account, as specified in clause (ii).
178	178	148 (c) This section shall not apply to information about a student or applicant that is publicly
179	179	149available.
180	180	150 (d) Nothing in this section shall limit the University of Massachusetts’ right to
181	181	151promulgate and maintain lawful policies governing the use of the educational institution’s
182	182	152electronic equipment, including policies regarding use of the internet, email or social media.
183	183	153 (e) An aggrieved student or prospective student may institute a civil action for damages
184	184	154or to restrain a violation of this section and may recover: (i) $1,000 for each request that violates
185	185	155clause (i) or (ii) of subsection (b); (ii) $1,000 for each adverse action, which violates clause (iii)
186	186	156of subsection (b), or actual damages, whichever amount is higher; (iii) punitive damages if a
187	187	157court determines that a violation was willful; and (iv) reasonable attorneys’ fees and other
188	188	158litigation costs reasonably incurred. 9 of 11
189	189	159 (f) Nothing in this section shall prevent the University of Massachusetts, after receipt of
190	190	160specific relevant information, from requesting access to a student’s personal social media
191	191	161account to ensure compliance with applicable state or federal laws, rules or regulations; legally
192	192	162mandated investigations of students’ actions; or judicial directives; provided, however, that the
193	193	163University of Massachusetts, prior to requesting access to a personal social media account, shall
194	194	164notify the student and the student’s parent or guardian, if a minor, of the grounds for the request
195	195	165and that the student is not required to give access to a personal social media account; and
196	196	166provided further, that (i) the University of Massachusetts has no other means of obtaining the
197	197	167relevant information; (ii) information gained from access to the student’s personal social media
198	198	168account shall be used solely for purposes of the investigation or a related proceeding; and (iii)
199	199	169any access to a student’s personal social media account shall be limited to identifying relevant
200	200	170evidence. If a student does not permit access to a personal social media account, the University
201	201	171of Massachusetts shall not take or threaten adverse action against a student for refusing to permit
202	202	172access to said personal social media account.
203	203	173 SECTION 4. Section 150 of chapter 149 of the General Laws, as appearing in the 2020
204	204	174Official Edition, is hereby amended by striking out, in line 40, the words “or 190” and inserting
205	205	175in place thereof the following words:- , 190, 192.
206	206	176 SECTION 5. Said chapter 149 is hereby further amended by adding the following
207	207	177section:-
208	208	178 Section 192. (a) As used in this section, the following words shall have the following
209	209	179meanings unless the context clearly requires otherwise: 10 of 11
210	210	180 “Personal social media account” a social media account, service or profile that is used by
211	211	181a current or prospective employee exclusively for personal communications unrelated to any
212	212	182business purposes of the employer; provided however, that “personal social media account” shall
213	213	183not include any social media account created, maintained, used or accessed by a current or
214	214	184prospective employee for business purposes of the employer or to engage in business related
215	215	185communications.
216	216	186 “Social media”, an electronic medium allowing users to create, share and view user-
217	217	187generated content including, but not limited to, uploading or downloading videos or still
218	218	188photographs, blogs, video blogs, podcasts, messages, e-mails or internet website profiles or
219	219	189locations.
220	220	190 (b) An employer shall not:
221	221	191 (i) require, request or cause an employee or applicant to disclose a user name,
222	222	192password or other means for access, or provide access through a user name or password, to a
223	223	193personal social media account;
224	224	194 (ii) compel an employee or applicant, as a condition of employment or
225	225	195consideration for employment, to add a person, including but not limited to, the employer or an
226	226	196agent of the employer, to the employee’s or applicant’s list of contacts associated with a personal
227	227	197social media account;
228	228	198 (iii) require, request or cause an employee or applicant to reproduce in any
229	229	199manner, photographs, videos, or information contained within a personal social media account
230	230	200without cause to believe that such photographs, video, or information would interfere with an
231	231	201employer's right to enforce lawful workplace policies; or 11 of 11
232	232	202 (iv) take or threaten adverse action against an employee or applicant for refusing
233	233	203to disclose information specified in clause (i) or clause (iii) or for refusing to add the employer to
234	234	204a list of contacts associated with a personal social media account, as specified in clause (ii)
235	235	205 (c) This section shall not apply to information about an employee or applicant that is
236	236	206publicly available.
237	237	207 (d) Nothing in this section shall limit an employer’s right to promulgate and maintain
238	238	208lawful workplace policies governing the use of the employer’s electronic equipment, including
239	239	209policies regarding use of the internet, email or social media.
240	240	210 (e) Nothing in this section shall prevent an employer, after receipt of specific relevant
241	241	211information, from requesting to be provided, within a reasonable period of time, access to an
242	242	212employee’s personal social media account to ensure compliance with applicable state or federal
243	243	213laws, rules or regulations; legally mandated investigations of employees’ actions; judicial
244	244	214directives; or rules of self-regulatory organizations, as defined in the federal Securities Exchange
245	245	215Act of 1934, 15 U.S.C. § 78c (a)(26); provided, however, that an employer, prior to requesting
246	246	216access to a personal social media account, shall notify the employee of the grounds for the
247	247	217request; and provided further, that (i) the employer has no other means of obtaining the relevant
248	248	218information; (ii) information gained from access to the employee’s personal social media account
249	249	219shall be used solely for purposes of the investigation or a related proceeding; and (iii) any access
250	250	220to an employee’s personal social media account shall be limited to identifying relevant evidence.
251	251	221 (f) For purposes of this section, an intern, paid or unpaid, shall be considered an
252	252	222employee.