Wisconsin law limits an employer’s ability to access employees’ personal information and outlines specific restrictions and exceptions, which are also detailed in the Wisconsin Social Media Protection Act. This article discusses that Act.
What Restrictions Do Employers Face Under the Act?
Under the Wisconsin Social Media Protection Act, employers may not request or require employees to provide:
- Personal account login information;
- Access to private personal accounts;
- Social media connections (e.g., adding an employer as a friend or follower);
- Access to private online content; and
- Private emails, direct messages, or other personal communications.
Additionally, employers may not refuse to hire, terminate, or discriminate against employees for refusing to provide the above information.
Are There Any Exceptions?
Employee protections under the Act are subject to the following seven exceptions:
- Employers may request access to company-provided devices or work-related accounts but not employees’ personal accounts.
- Employees may be disciplined for sharing confidential company information on their personal online accounts without authorization.
- Employers may investigate unauthorized data sharing, workplace misconduct, or legal violations—but they must have reasonable cause before investigating. They cannot demand an employee’s personal account login credentials.
- Employers may restrict access to certain websites when employees use company-provided devices or networks.
- Employers must comply with laws requiring background checks or employee communication monitoring when legally mandated.
- Employers may review publicly available information about employees or job applicants.
- Employers may request an employee’s personal email address.
Employer Rights and Compliance
While the Act protects employees, it also offers several benefits to employers. Employers may investigate employees for unauthorized information sharing, workplace violations, or illegal activity—provided they have reasonable cause. The Act also sets clear boundaries between work life and personal life. It allows employers to comply with industry regulation without overreaching into employees’ personal lives. Employers also have the right to:
- Take action against employees who fail to protect confidential company information; and
- Restrict internet access and monitor usage on company-provided devices.
If an employer inadvertently gains access to an employee’s personal accounts, they may not be held liable. Additionally, employers may lawfully review publicly available online information without violating the statute or the Act.
How Does an Employer Gain Access—They Can’t Demand It?
Employers must follow strict guidelines when gathering social media information but can do so legally through the exceptions mentioned earlier. They may also update their employee handbook’s social media policies. A clear policy outlining prohibited online behavior helps in case of an investigation while also clarifying privacy rights and company monitoring practices for both employers and employees.
Employers can legally review publicly available social media content by searching for an employee’s name. If a third party reports concerning behavior, the employer may request voluntary screenshots or links but must ensure the received information is credible.
Social media activity on company-owned devices or employer-managed accounts can be reviewed, provided it aligns with company policies. While employers cannot demand login credentials or access to private accounts, they may ask employees to share information voluntarily. However, employees have the right to refuse without retaliation.
Enforcement and Penalties
The Wisconsin Department of Workforce Development enforces the Act. Employers who violate the law may face penalties, including:
- Fines of up to $1,000;
- Back pay;
- Job reinstatement; and
- Other appropriate relief for affected employees.
Bottom line
While these exceptions provide employers with certain investigative and disciplinary rights, they must navigate them carefully to ensure compliance with the law and respect employees’ privacy rights. While the Act imposes restrictions, it benefits employers by protecting company interests, reducing liability, and maintaining a professional boundary between work and personal life.
April Splittgerber is an attorney with Axley Brynelson, LLP in Madison, Wisconsin. She can be reached at 608-314-3357 or asplittgerber@axley.com.
Featured Image: CLS Digital Arts / Shutterstock.
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