(a) An employer shall not:

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Terms Used In Tennessee Code 50-1-1003

  • Adverse action: means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges. See Tennessee Code 50-1-1002
  • Applicant: means an individual who has applied for employment with an employer. See Tennessee Code 50-1-1002
  • Employer: means a person or entity that employs one (1) or more employees and includes the state and its political subdivisions and an agent, representative, or designee of the employer. See Tennessee Code 50-1-1002
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Request or require an employee or an applicant to disclose a password that allows access to the employee’s or applicant’s personal internet account;
(2) Compel an employee or an applicant to add the employer or an employment agency to the employee’s or applicant’s list of contacts associated with a personal internet account;
(3) Compel an employee or an applicant to access a personal internet account in the presence of the employer in a manner that enables the employer to observe the contents of the employee’s or applicant’s personal internet account; or
(4) Take adverse action, fail to hire, or otherwise penalize an employee or applicant because of a failure to disclose information or take an action specified in subdivisions (a)(1)-(3).
(b) Unless otherwise provided by law, an employer is not prohibited from:

(1) Requesting or requiring an employee to disclose a username or password required only to gain access to:

(A) An electronic communications device supplied by or paid for wholly or in part by the employer; or
(B) An account or service provided by the employer that is obtained by virtue of the employee’s employment relationship with the employer, or used for the employer’s business purposes;
(2) Disciplining or discharging an employee for transferring the employer’s proprietary or confidential information or financial data to an employee’s personal internet account without the employer’s authorization;
(3) Conducting an investigation or requiring an employee to cooperate in an investigation if:

(A) There is specific information on the employee’s personal internet account regarding compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct; or
(B) The employer has specific information about an unauthorized transfer of the employer’s proprietary information, confidential information, or financial data to an employee’s personal internet account;
(4) Restricting or prohibiting an employee’s access to certain websites while using an electronic communications device supplied by or paid for wholly or in part by the employer or while using an employer’s network or resources, in accordance with state and federal law;
(5) Monitoring, reviewing, accessing, or blocking electronic data stored on an electronic communications device supplied by or paid for wholly or in part by the employer, or stored on an employer’s network, in accordance with state and federal law;
(6) Complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications:

(A) That is established under federal law or by a “self-regulatory organization”, as defined in the Securities and Exchange Act of 1934 (15 U.S.C. § 78c(a));
(B) For purposes of law enforcement employment; or
(C) For purposes of an investigation into law enforcement officer conduct performed by a law enforcement agency; or
(7) Viewing, accessing, or using information about an employee or applicant that can be obtained without violating subsection (a) or information that is available in the public domain.
(c) Conducting an investigation or requiring an employee to cooperate in an investigation as specified in subdivision (b)(3) includes requiring the employee to share the reported content or information in order to make a factual determination.
(d)

(1) This part does not create a duty for an employer to search or monitor the activity of a personal internet account.
(2) An employer is not liable under this part for a failure to request or require that an employee or applicant grant access to, allow observation of, or disclose information that allows access to or observation of the employee’s or applicant’s personal internet account.
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