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Volume XI, Number 167

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New Hampshire Joins the Growing Number of States Limiting Employer Access to Employee Online Accounts

Effective September 30, 2014, New Hampshire joins sixteen other states (Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin) in prohibiting employers from requiring employees or job applicants to disclose their login information for accessing any “personal account” or service through an electronic communication device. Similar to laws in the other states, the New Hampshire measure sets out a number of prohibitions on employers, as well as a number of activities not probihited under the law. Those provisions are discussed here. As we’ve noted previously, employers need to ensure that managers, supervisors, and others understand the limitations placed upon them when engaging with or investigating applicants and employees, and when using more intrusive monitoring techniques.

Jackson Lewis P.C. © 2021National Law Review, Volume IV, Number 226
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About this Author

Principal

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm's Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and...

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