Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New Jersey’s New Social Media Law: Balancing Privacy Interests and Economic Opportunity

Author: Scarinci Hollenbeck, LLC

Date: February 5, 2014

Key Contacts

Back

Whether we talk about Amazon drones or social media, striking the proper balance between the public’s interest in privacy and the business industry’s quest for economic opportunity is never easy. New Jersey’s recently implemented social media law reflects an attempt to resolve one aspect of that struggle.

The new law, which took effect in December 2013, restricts how employers can access social media accounts of employees and job applicants. For example, businesses can no longer require prospective employees to provide their user name, password, or any other information needed to access one’s social networking sites such as Twitter, Facebook, and Pinterest.

While the new restrictions may seem to favor employees, the final version of New Jersey’s social media law reflects lawmakers’ attempts to both protect users’ privacy interests and allow businesses to capitalize on the information source offered by this ever-growing technology. In fact, Govornor Chris Christie conditionally vetoed the initial version of the law, claiming that it would be too one-sided.

While Christie acknowledged the privacy concerns of job candidates and employees, he stated that their rights must be balanced against employers’ needs to hire appropriate personnel, manage their operations and safeguard their business assets and proprietary information. His conditional veto message echoed the concerns raised by the business community that the bill “paints with too broad a brush.”

Accordingly, the final version of the law contains a number of protections designed to help employers. For instance, the law authorizes New Jersey businesses to investigate an employee’s social media activities after receiving specific information about work-related misconduct. It also allows businesses to investigate the transfer of proprietary information to an employee’s personal account.

Companies can also require employees to disclose the passwords of social media accounts created by, or maintained for the benefit of, the employer. Employers are also not prohibited from accessing the social media pages of applicants or employees to the extent that they are publicly available. While employers may face administrative fines for violating the law, the final version of New Jersey’s social media law eliminated a private cause of action for employees.

While the New Jersey legislature and the Governor may have been able to some balance in this case, there are a myriad of privacy issues impacting New Jersey businesses that will have to be hashed out in the future. In the meantime, we encourage businesses to work with experienced counsel to navigate the ever-changing waters.

If you have any questions about New Jersey’s new social media law or need compliance assistance, please contact me, Fernando M. Pinguelo, or the Scarinci Hollenbeck attorney with whom you work. To learn more about data privacy and protection and cybersecurity, visit eWhiteHouseWatch.com.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Legal Issues Before Bringing on Investors post image

Legal Issues Before Bringing on Investors

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]

Author: Dan Brecher

Link to post with title - "Legal Issues Before Bringing on Investors"
SECURE 2.0 RMD Planning Strategies post image

SECURE 2.0 RMD Planning Strategies

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]

Author: Marc J. Comer

Link to post with title - "SECURE 2.0 RMD Planning Strategies"
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"
Common Legal Mistakes NYC and New Jersey Business Owners Make post image

Common Legal Mistakes NYC and New Jersey Business Owners Make

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]

Author: Dan Brecher

Link to post with title - "Common Legal Mistakes NYC and New Jersey Business Owners Make"
What Founders Can Learn From Start-up Suits post image

What Founders Can Learn From Start-up Suits

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]

Author: Dan Brecher

Link to post with title - "What Founders Can Learn From Start-up Suits"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!