EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0767*
SENATE BILL 767
K3, E4 3lr2393
CF HB 419
By: Senator Carter (By Request – Baltimore City Administration)
Introduced and read first time: February 6, 2023
Assigned to: Judicial Proceedings and Finance
A BILL ENTITLED
AN ACT concerning 1
Labor and Employment – User Name and Password Privacy – Law Enforcement 2
Agencies 3
FOR the purpose of authorizing certain law enforcement agencies to access, under certain 4
circumstances, social media accounts of applicants; and generally relating to user 5
name and password privacy and law enforcement agencies. 6
BY repealing and reenacting, with amendments, 7
Article – Labor and Employment 8
Section 3–712 9
Annotated Code of Maryland 10
(2016 Replacement Volume and 2022 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Public Safety 13
Section 3–201(a) and (d) 14
Annotated Code of Maryland 15
(2022 Replacement Volume) 16
SECTION 1. BE IT ENACTED BY THE GEN ERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Labor and Employment 19
3–712. 20
(a) (1) In this section the following words have the meanings indicated. 21
(2) “Applicant” means an applicant for employment. 22
2 SENATE BILL 767
(3) (i) “Electronic communications device” means any device that uses 1
electronic signals to create, transmit, and receive information. 2
(ii) “Electronic communications device” includes computers, 3
telephones, personal digital assistants, and other similar devices. 4
(4) (i) “Employer” means: 5
1. a person engaged in a business, an industry, a profession, 6
a trade, or other enterprise in the State; or 7
2. a unit of State or local government. 8
(ii) “Employer” includes an agent, a representative, and a designee 9
of the employer. 10
(5) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED IN § 11
3–201 OF THE PUBLIC SAFETY ARTICLE. 12
(b) (1) Subject to paragraph (2) of this subsection, an employer may not 13
request or require that an employee or applicant disclose any user name, password, or other 14
means for accessing a personal account or service through an electronic communications 15
device. 16
(2) An employer may require an employee to disclose any user name, 17
password, or other means for accessing nonpersonal accounts or services that provide 18
access to the employer’s internal computer or information systems. 19
(c) An employer may not: 20
(1) discharge, discipline, or otherwise penalize or threaten to discharge, 21
discipline, or otherwise penalize an employee for an employee’s refusal to disclose any 22
information specified in subsection (b)(1) of this section; or 23
(2) fail or refuse to hire any applicant as a result of the applicant’s refusal 24
to disclose any information specified in subsection (b)(1) of this section. 25
(d) An employee may not download unauthorized employer proprietary 26
information or financial data to an employee’s personal Web site, an Internet Web site, a 27
Web–based account, or a similar account. 28
(e) This section does not prevent an employer: 29
(1) based on the receipt of information about the use of a personal Web site, 30
Internet Web site, Web–based account, or similar account by an employee for business 31
purposes, from conducting an investigation for the purpose of ensuring compliance with 32
applicable securities or financial law, or regulatory requirements; or 33 SENATE BILL 767 3
(2) based on the receipt of information about the unauthorized 1
downloading of an employer’s proprietary information or financial data to a personal Web 2
site, Internet Web site, Web–based account, or similar account by an employee, from 3
investigating an employee’s actions under subsection (d) of this section. 4
(f) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A LAW 5
ENFORCEMENT AGENCY M AY, DURING THE COURSE OF A BACKGROUND CHECK , 6
REQUIRE AN APPLICANT TO OPEN ALL OF THE A PPLICANT’S SOCIAL MEDIA 7
ACCOUNTS FOR REVIEW BY AN INVESTIGATOR . 8
(2) (I) DURING A REVIEW OF TH E APPLICANT’S SOCIAL MEDIA 9
ACCOUNTS, THE APPLICANT SHALL BE PRESENT. 10
(II) AN INVESTIGATOR MAY P RINT SELECTIONS FROM THE 11
APPLICANT’S SOCIAL MEDIA ACCOUNTS ON LY IF THE SELECTIONS TO BE PRINTED 12
DO NOT CONTAIN A USE R NAME, A PASSWORD , OR ANY OTHER MEANS F OR 13
ACCESSING A PERSONAL ACCOUNT OR SERVICE . 14
(III) THE LAW ENFORCEMENT A GENCY MAY NOT : 15
1. KEEP OR RESERVE THE APPLICANT’S USER NAME , 16
PASSWORD, OR OTHER MEANS FOR A CCESSING A PERSONAL ACCOUNT OR SERVICE 17
THROUGH AN ELECTRONI C COMMUNICATIONS DEV ICE; OR 18
2. PROHIBIT AN APPLICAN T FROM CHANGING A US ER 19
NAME, A PASSWORD, OR ANY OTHER MEANS F OR ACCESSING A PERSO NAL ACCOUNT 20
OR SERVICE. 21
(G) (1) Whenever the Commissioner determines that this section has been 22
violated, the Commissioner shall: 23
(i) try to resolve any issue involved in the violation informally by 24
mediation; or 25
(ii) ask the Attorney General to bring an action on behalf of the 26
applicant or employee. 27
(2) The Attorney General may bring an action under this subsection in the 28
county where the violation allegedly occurred for injunctive relief, damages, or other relief. 29
Article – Public Safety 30
3–201. 31
4 SENATE BILL 767
(a) In this subtitle the following words have the meanings indicated. 1
(d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 2
office, or security force or law enforcement organization of the State, a county, or a 3
municipal corporation that by statute, ordinance, or common law is authorized to enforce 4
the general criminal laws of the State. 5
(2) “Law enforcement agency” does not include members of the Maryland 6
National Guard who: 7
(i) are under the control and jurisdiction of the Military 8
Department; 9
(ii) are assigned to the military property designated as the Martin 10
State Airport; and 11
(iii) are charged with exercising police powers in and for the Martin 12
State Airport. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2023. 15