EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0851*
SENATE BILL 851
K3, E4 2lr2652
By: Senator Carter (By Request – Baltimore City Administration)
Introduced and read first time: February 7, 2022
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 7, 2022
CHAPTER ______
AN ACT concerning 1
Labor and Employment – User Name and Password Privacy – Law Enforcement 2
Agency Exemption Agencies 3
FOR the purpose of exempting authorizing certain law enforcement agencies from the 4
prohibition against employers requiring employees or applicants to disclose the 5
means for accessing a personal account or service through an electronic 6
communications device to access, under certain circumstances, social media accounts 7
of applicants; and generally relating to user name and password privacy and law 8
enforcement agencies. 9
BY repealing and reenacting, with amendments, 10
Article – Labor and Employment 11
Section 3–712 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Public Safety 16
Section 3–201(a) and (d) 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
2 SENATE BILL 851
Article – Labor and Employment 1
3–712. 2
(a) (1) In this section the following words have the meanings indicated. 3
(2) “Applicant” means an applicant for employment. 4
(3) (i) “Electronic communications device” means any device that uses 5
electronic signals to create, transmit, and receive information. 6
(ii) “Electronic communications device” includes computers, 7
telephones, personal digital assistants, and other similar devices. 8
(4) (i) “Employer” means: 9
1. a person engaged in a business, an industry, a profession, 10
a trade, or other enterprise in the State; or 11
2. a unit of State or local government. 12
(ii) “Employer” includes an agent, a representative, and a designee 13
of the employer. 14
(III) “EMPLOYER” DOES NOT INCLUDE A L AW ENFORCEMENT 15
AGENCY AS DEFINED IN § 3–201 OF THE PUBLIC SAFETY ARTICLE. 16
(5) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED IN § 17
3–201 OF THE PUBLIC SAFETY ARTICLE. 18
(b) (1) Subject to paragraph (2) of this subsection, an employer may not 19
request or require that an employee or applicant disclose any user name, password, or other 20
means for accessing a personal account or service through an electronic communications 21
device. 22
(2) An employer may require an employee to disclose any user name, 23
password, or other means for accessing nonpersonal accounts or services that provide 24
access to the employer’s internal computer or information systems. 25
(c) An employer may not: 26
(1) discharge, discipline, or otherwise penalize or threaten to discharge, 27
discipline, or otherwise penalize an employee for an employee’s refusal to disclose any 28
information specified in subsection (b)(1) of this section; or 29
(2) fail or refuse to hire any applicant as a result of the applicant’s refusal 30
to disclose any information specified in subsection (b)(1) of this section. 31 SENATE BILL 851 3
(d) An employee may not download unauthorized employer proprietary 1
information or financial data to an employee’s personal Web site, an Internet Web site, a 2
Web–based account, or a similar account. 3
(e) This section does not prevent an employer: 4
(1) based on the receipt of information about the use of a personal Web site, 5
Internet Web site, Web–based account, or similar account by an employee for business 6
purposes, from conducting an investigation for the purpose of ensuring compliance with 7
applicable securities or financial law, or regulatory requirements; or 8
(2) based on the receipt of information about the u nauthorized 9
downloading of an employer’s proprietary information or financial data to a personal Web 10
site, Internet Web site, Web–based account, or similar account by an employee, from 11
investigating an employee’s actions under subsection (d) of this section. 12
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A LAW 13
ENFORCEMENT AGENCY M AY, DURING THE COURSE OF A BACKGROUND CHECK , 14
REQUIRE AN APPLICANT TO OPEN ALL OF THE A PPLICANT’S SOCIAL MEDIA 15
ACCOUNTS FOR REVIEW BY AN INVESTIGATOR . 16
(2) (I) DURING A REVIEW OF THE APPLIC ANT’S SOCIAL MEDIA 17
ACCOUNTS, THE APPLICANT SHALL BE PRESENT. 18
(II) AN INVESTIGATOR MAY P RINT SELECTIONS FROM THE 19
APPLICANT’S SOCIAL MEDIA ACCOU NTS ONLY IF THE SELE CTIONS TO BE PRINTED 20
DO NOT CONTAIN A USE R NAME, PASSWORD, OR OTHER ME ANS FOR ACCESSING A 21
PERSONAL ACCOUNT OR SERVICE. 22
(III) THE LAW ENFORCEMENT A GENCY MAY NOT : 23
1. KEEP OR RESERVE THE APPLICANT’S USER NAME , 24
PASSWORD, OR OTHER MEANS FOR A CCESSING A PERSONAL ACCOUNT OR SERVICE 25
THROUGH AN ELECTRONI C COMMUNICATIONS DEVICE; AND 26
2. PROHIBIT AN APPLICAN T FROM CHANGING A US ER 27
NAME, PASSWORD, OR OTHER MEANS FOR A CCESSING A PERSONAL ACCOUNT OR 28
SERVICE. 29
(f) (G) (1) Whenever the Commissioner determines that this section has 30
been violated, the Commissioner shall: 31
(i) try to resolve any issue involved in the violation informally by 32
mediation; or 33 4 SENATE BILL 851
(ii) ask the Attorney General to bring an action on behalf of the 1
applicant or employee. 2
(2) The Attorney General may bring an action under this subsection in the 3
county where the violation allegedly occurred for injunctive relief, damages, or other relief. 4
Article – Public Safety 5
3–201. 6
(a) In this subtitle the following words have the meanings indicated. 7
(d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 8
office, or security force or law enforcement organization of the State, a county, or a 9
municipal corporation that by statute, ordinance, or common law is authorized to enforce 10
the general criminal laws of the State. 11
(2) “Law enforcement agency” does not include members of the Maryland 12
National Guard who: 13
(i) are under the control and jurisdiction of the Military 14
Department; 15
(ii) are assigned to the military property designated as the Martin 16
State Airport; and 17
(iii) are charged with exercising police powers in and for the Martin 18
State Airport. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2022. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.