Privacy Law Library

Employee and applicant social media account privacy

ORS 659A.330

Employees

Bars employers from demanding access to workers' or applicants' personal social media accounts, forcing them to add the employer as a contact, or punishing them for refusing. Employers may still investigate specific misconduct reports and view public content.

Where
Oregon
Citation
ORS 659A.330
Status
In force
Enforced by
Oregon Bureau of Labor and Industries (ORS 659A.820)
People can sue
Limited
Penalties
Unlawful employment practice remediable through a BOLI complaint.
Applies to
  • Employers other than law enforcement units, as to employees and applicants (ORS 659A.330(7))

Practices it requires

  • Do not require or request credentials to, or the creation of, a personal social media account, or require advertising on it.ORS 659A.330(1)(a)-(b)
  • Do not compel adding the employer as a contact or accessing the account in the employer's presence (except to share reported content in a permitted investigation).ORS 659A.330(1)(c)-(d), (4)(b)
  • Do not discipline, discharge or refuse to hire for refusing these demands.ORS 659A.330(1)(e)-(f)
  • Credentials inadvertently captured by network monitoring may not be used to access the personal account.ORS 659A.330(6)

Sources

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

Unverified: ORS 659A.330 is not listed in ORS 659A.885(2); whether a direct civil action exists was not confirmed. | Original effective date (2013 c.204) not fetched.

Research reference, not legal advice.