NEPN/NSBA Code:  GCFA

EMPLOYEE SOCIAL MEDIA PRIVACY 

For the purpose of this policy, “social media account” means an account with an electronic medium or service through which users create, share, and view user-generated content including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online service accounts and Internet website profiles and locations. 

“Social media account” does not include an account opened at the employer’s behest or provided by an employer or intended to be used primarily on behalf of the employer. 

In compliance with Maine’s employee social media privacy law, Lewiston Public Schools, through its administrators or designees, shall not: 

A.  Request, require, or coerce an employee or applicant for employment to disclose a password or any other means for accessing a personal social media account; 

B.  Request, require, or coerce an employee or applicant for employment to access a personal social media account in the presence of administrative or other Lewiston Public Schools personnel or agent of the school unit; 

C.  Require or coerce an employee or applicant to disclose any personal social media account information; 

D.  Require or cause an employee or applicant to add anyone, including administrative or other Lewiston Public Schools personnel or agent of the school unit, to the employee or applicant’s contact list associated with a personal media account; or 

E.  Request, require, or cause an employee or applicant to alter settings that affect the ability of a third party to view the contents of a personal social media account. 

Lewiston Public Schools shall not discharge, discipline, or otherwise penalize any employee who refuses to disclose or provide access, add contacts, or alter settings as specified above or to fail to hire an applicant based on their refusal to comply with illegal requests, requirements, or coercion. 

This policy does not prohibit Lewiston Public Schools from requiring an employee to disclose personal social media account information when the employer reasonably believes it to be relevant to an investigation of alleged employee misconduct or a workplace-related violation of applicable laws, rules, or regulations, provided the information disclosed is accessed and used solely as necessary for the investigation of related proceedings. 

This policy does not apply to information publicly available which may be available on an employee or applicant’s public social media accounts. 

As employer, Lewiston Public Schools may maintain policies governing the use of its own electronic equipment, including a requirement that an employee disclose to the school unit the employee’s user name, password, or other information necessary to access employer-issued electronic devices or to access employer-provided software or email accounts. 

Legal Reference: Maine P.L. 2015, Ch. 343 

Cross Reference: GCSA – Employee Computer and Internet Use 

Adopted: November 9, 2015 

Reviewed: September 11, 2017

Reviewed: April 3, 2023