In August, Maine and Delaware became the 22nd and 23rd states, respectively, to enact laws that prohibit employers from requiring employees and applicants to disclose or provide access to personal social media accounts. In addition to The Employee/Applicant Protection for Social Media Act (EPSMA) which takes immediate effect, Delaware adopted three other laws relating to Internet privacy. Some key aspects of these new laws are:
- The Delaware Online Privacy and Protection Act (DOPPA) will regulate the collection and use of personally identifiable information of Delaware adults and children. DOPPA also includes requirements on the posting of privacy policies relating to collection and use. The new law takes effect on January 1, 2016.
- The Student Data Privacy Protection Act (SDPPA) will restrict technology vendors’ use of student data and require such vendors to “implement and maintain reasonable security procedures and practices.” SDPPA takes effect on August 1, 2016.
- The Victim Online Privacy Act (VOPA) will prohibit posting personal information about a crime victim, witness or their family members with intent to threaten or incite violence. VOPA carries criminal penalties and takes effect on November 5, 2016.
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