Virginia's Password Protection Law Continues the Trend Toward Increasing Legislative Protection of Personal Online Accounts

As many state legislatures open their 2015 sessions, Virginia has become the first this year — and most likely not the last — to continue the legislative trend towards protecting applicants' and employees' personal online accounts.  As the 19th state to enact password protection legislation, Virginia has added even more complexity to the patchwork of state law restrictions on such access. Governor Terry McAuliffe signed H.B. 2081 into law on March 23, 2015, and the new law becomes effective on July 1, 2015.  

In keeping with Virginia's reputation as an "employer-friendly" state, Virginia's new law, as a whole, is limited when compared to similar state laws.  Nonetheless, the law still imposes substantial restrictions on access by Virginia employers to applicants' and employees' personal online accounts.  Public employers in Virginia should note that the new law applies to them as well as to private employers. Continue reading this article here.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.