SSB 5211

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 330 L 13

Synopsis as Enacted

Brief Description: Concerning personal social networking accounts.

Sponsors: Senate Committee on Commerce & Labor (originally sponsored by Senators Hobbs, Eide, Kline, Ranker, Hatfield, Harper, Billig, Hasegawa, Kohl-Welles, Shin, Keiser, Frockt, Rolfes, Hill, Conway and Nelson).

Senate Committee on Commerce & Labor

House Committee on Labor & Workforce Development

Background: State law does not prohibit an employer from requiring an employee or prospective employee to submit social media passwords or other account information as a condition of employment or continued employment.

Summary: An employer cannot:

Employers do have the ability to require an employee to share content from personal social networking accounts if:

The employer prohibitions on accessing employee social network accounts do not apply to a social network, intranet, or other technology platform intended primarily to facilitate work-related information exchange, collaboration, or communication.

The legislation does not prohibit an employer from requesting or requiring an employee to disclose login information for access to an account or service provided by virtue of the employment relationship or to an electronic communications device or online account paid for or supplied by the employer; prohibit an employer from enforcing existing personnel policies that do not conflict with the bill; or prevent an employer from complying with requirements of statutes, rules, case law, or rules of self-regulatory organizations.

If an employer inadvertently receives login information through use of an employer-provided electronic communications device or an electronic device or program that monitors an employer's network, the employer is not liable for possessing the information but may not use it to access the employee's account.

An employee or applicant may bring a civil action alleging a violation of the legislation. The court may award a prevailing employee statutory damages of $500, actual damages, and reasonable attorneys' fees and costs. If the court finds that the action was frivolous, the court may award reasonable expenses and attorneys' fees to the employer.

Votes on Final Passage:







(House amended)




(House receded/amended)




(Senate concurred)


July 28, 2013.