Asking for social media passwords may be a tactic now in depositions or requests to the court. But requesting passwords may be limited by law, now or very soon. Here’s a list of what state legislatures are doing to limit an employer’s ability to obtain employee passwords.
Arizona’s proposed law (proposed in the last legislative session and not yet passed or in effect), covered only an employer’s ability to ask for social media passwords from an applicant or current employee and prohibits the firing of an employee for the refusal to give up a password. While the Arizona bill didn’t get very far last year, it will likely be back for another round next year.