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