Access to Personal Social Media — Colorado Social Media and the Workplace Law

Division of Labor Standards and Statistics
707 17th Street, Denver, CO 80202 | 303-318-8441
www.ColoradoLaborLaw.gov | www.LeyesLaboralesDeColorado.gov

Interpretive Notice & Formal Opinion ("INFO") #9E:
Access to Personal Social Media — Colorado Social Media and the Workplace Law

Overview

The Social Media and the Workplace Law ("Social Media Law") C.R.S. § 8-2-127, implemented by the Posting, Screening, and Transparency Rules ("POST Rules") (7 CCR 1103-18), regulates Colorado employers' access to an employee's, or applicant's, personal social media accounts.

Coverage

• The Social Media Law applies to all public and private employers in Colorado, including an employer's agents, representatives, and designees.
• The Social Media Law does not apply to the Department of Corrections, County Corrections Departments, or any state or local law enforcement agency.
• Social Media Law protections apply to employees and job applicants.

What Employers May Not Do

• Suggest, request, or require that an employee or applicant disclose any user name, password, or other means to access their personal social media account through their personal device.

Example 1: An employer asks that its social media manager provide her username and password for her personal Facebook account to link the personal account with the employer's Facebook page for managing the employer's Facebook posts. Since this requires an employee to disclose a personal username and password, this violates the Social Media Law.

• Compel an employee or applicant to add anyone to their list of contacts on a social media account.
• Require, request, suggest, or cause an employee or applicant to change privacy settings associated with a personal social media account.

Example 2: An employer, concerned about the public image of its employees, implements a policy that requires employees to set their social media settings to private. Conversely, another employer rewards employees who set their accounts to public, and who then promote the employer to a wider audience. Both of these scenarios violate the Social Media Law because they require or suggest that employees change their privacy settings on their social media accounts.

• Discharge, discipline, or threaten to discharge, discipline, or otherwise penalize an employee, or refuse to hire an applicant, for the employee's or applicant's refusal to:
• disclose personal social media information, including usernames or passwords;
• add the employer to their list of contacts; or
• change the privacy settings associated with a personal social media account.

What Employers May Do

• Require an employee to disclose any username, password, or other means for accessing non-personal accounts that provide access to the employer's internal computer or information systems.
• Conduct an investigation to ensure compliance with applicable legal or regulatory requirements under securities or financial law based on information the employer receives about an employee's use of websites, or accounts for business purposes.
• Conduct an investigation of an employee's electronic communications based on information the employer receives about an employee's unauthorized downloading of an employer's proprietary information or financial data to websites or accounts.

Enforcement

• The Division accepts complaints (under "Job Postings and Hiring") from employees or applicants who have been subjected to alleged violations of the Social Media Law. Anonymous complaints are accepted and serve as tips that the Division may investigate at its discretion.
• The Division investigates complaints and may issue a fine of up to $1,000 for the first violation and up to $5,000 for each subsequent violation.

For More Information: Visit the Division website, call 303-318-8441, or email [email protected].

INFOs are not binding law, but are the Division's officially approved opinions and notices to employers, employees, and others on how the Division applies and interprets statutes and rules. The Division continues to post and update INFOs on various topics; for up-to-date INFOs, rules, and other materials, visit the Division's Laws, Regulations, & Guidance page. Last updated Apr. 8, 2026