Newly Enacted Statute Restricts Virginia Employers’ Access to Employees’ Social Media Accounts

On July 1, 2015, a new law, Virginia Code Section 40.1-28.7:5 went into effect that prohibits Virginia employers from requiring current or prospective employees: (1) to disclose their social media account usernames and/or passwords or (2) to add an employee, supervisor or administrator to their list of contacts.  Although the law provides a safe harbor for employers that inadvertently acquire employee usernames and passwords through an employee’s use of employer-owned electronic devices or through network…