Privacy Law Library

Employer Use of Social Media

DE Employee Social Media Privacy

Employees

Bars Delaware employers from demanding access to employees' or applicants' personal social media, such as asking for passwords, requiring them to log in in front of the employer, or requiring them to add the employer as a contact. Employers may still investigate misconduct, access employer-provided devices and accounts, and view public information.

Where
Delaware
Citation
19 Del. C. § 709A
Status
In force
In force since
2015-08-07
Enforced by
Not specified in the section
People can sue
No
Penalties
The section sets no penalty or enforcement mechanism of its own; it bars retaliation against employees or applicants who refuse a prohibited request (709A(h)).
Applies to
  • Employers of individuals employed in Delaware, including the State, political subdivisions, and school districts; excludes the U.S. government (709A(a)(3)-(4))
  • Protects employees and job applicants (709A(a)(1))

Practices it requires

  • Do not require or request an employee or applicant to disclose personal social media usernames or passwords, access personal social media in the employer's presence, use personal social media as a condition of employment, or divulge personal social media.19 Del. C. § 709A(b)(1)-(4)
  • Do not require or request that an employee or applicant add anyone (including the employer) as a contact or change privacy settings on personal social media.19 Del. C. § 709A(b)(5)-(6)
  • Do not discharge, discipline, or retaliate against an employee or applicant for refusing a request that violates this section.19 Del. C. § 709A(h)

Other duties

  • Exceptions: misconduct investigations, employer-supplied devices and employer accounts, monitoring of employer networks, legally required screening, and public-domain information.19 Del. C. § 709A(c)-(g)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Whether general Department of Labor enforcement powers reach § 709A was not researched.

Research reference, not legal advice.