New Mexico § 50-4-34 - Request for access to social networking account prohibited

§ 50-4-34. Request for access to social networking account prohibited

A. It is unlawful for an employer to request or require a prospective employee to

provide a password in order to gain access to the prospective employee's account or

profile on a social networking web site or to demand access in any manner to a prospective

employee's account or profile on a social networking web site. B. Nothing in this section shall limit an employer's right to: (1) have policies regarding work place internet use, social networking site use and

electronic mail use; and (2) monitor usage of the employer's electronic equipment and the employer's electronic

mail without requesting or requiring a prospective employee to provide a password

in order to gain access to the prospective employee's account or profile on a social

networking web site. C. Nothing in this section shall prohibit an employer from obtaining information about

a prospective employee that is in the public domain. D. Nothing in this section shall apply to a federal, state or local law enforcement

agency. Nothing in this section shall prohibit federal, state or local government agencies

or departments from conducting background checks as required by law. E. As used in this section, “ social networking web site ” means an internet-based service that allows individuals to: (1) construct a public or semi-public profile within a bounded system created by the

service; (2) create a list of other users with whom they share a connection within the system;

and (3) view and navigate their list of connections and those made by others within the

system.