Employer Access to Employee Personal Social Media Accounts in Montana
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At a glance
| Governing law and covered accounts | Mont. Code Ann. § 39-2-307 covers password-protected electronic services/accounts and listed content including email and messages; educational and employer-provided accounts intended solely for their respective purposes are excluded (§ 39-2-307(6)). |
|---|---|
| Covered employers, employees, and applicants | Employer or its agent is restricted in demands to employees and job applicants; the section states no public-employer or size exception (§ 39-2-307(1), (4)). |
| Credential and observed-access demands | Employer/agent may not request or require credentials, access in its presence, or disclosure of personal social media or its information, subject to the investigation exception (§ 39-2-307(1)–(2)). |
| Contact and privacy-setting demands | § 39-2-307 does not separately enumerate compelled contact additions or privacy-setting changes. |
| Refusal, retaliation, and hiring | Employer may not discharge, discipline, threaten either, or otherwise retaliate against an employee or applicant for declining a demand that violates the section (§ 39-2-307(4)(a)). |
| Investigation and specific-content route | Employee must provide requested username/password if specified misconduct, data transfer, or federal/regulatory compliance facts exist, an investigation is underway, and requested information is needed for a factual determination (§ 39-2-307(2)). |
| Employer accounts, public content, and regulated work | Lawful employer-equipment policies and work-device/software/email access remain; required federal or self-regulatory compliance can trigger the investigation exception (§ 39-2-307(2)(a)(iii), (3)(a), (6)(b)). |
| Inadvertently received credentials and use | § 39-2-307 states no separate rule for credentials inadvertently obtained through employer monitoring. |
| Enforcement and remedies | Employee/applicant may sue within one year in small claims court; damages are $500 or actual damages up to the § 3-10-1004 limit, and prevailing-party costs may be awarded. An employee may seek injunctive relief against a qualifying credential request; a later security breach after improper acquisition triggers a cross-reference to § 30-14-142 penalties (§ 39-2-307(3)(b), (7)–(8)). |
Requirements one by one
Access demands and investigation
Mont. Code Ann. § 39-2-307(1) bars an employer or its agent from demanding personal social-media credentials, observed access, or account information. Subsection (2) requires an employee to provide a requested username or password only when the listed specific information or compliance condition exists, an investigation is underway, and the requested information is needed to make a factual determination.
Small claims action
Section 39-2-307(7) allows an employee or applicant to sue within one year in small claims court. Damages are $500 or actual damages up to the separate statutory small-claims limit; the prevailing party may receive legal costs. Section 39-2-307(3)(b) preserves employee injunctive relief concerning a qualifying credential request. Section 39-2-307(8) also cross-references Mont. Code Ann. § 30-14-142 after improper acquisition and a later computer security breach; § 30-14-142(1) states separate conditions for a fine tied to an injunction or temporary restraining order.
What trips people up
- Credentials can be required in a qualifying investigation. Unlike a content-only route, § 39-2-307(2) expressly names the employee's username or password and requires both the stated basis and investigative necessity.
- Work devices are treated separately. Mont. Code Ann. § 39-2-307(3)(a) preserves lawful policies requiring access information for employer-issued devices and employer-provided software or email.
Common questions
Does the rule cover email? Yes. Mont. Code Ann. § 39-2-307(6)(a) lists email within the defined password-protected personal social media.
Is refusal protected? Section 39-2-307(4)(a) bars the listed retaliation against an employee or applicant for declining an unlawful demand.
Does the section prescribe an accidental-password procedure? No. The complete § 39-2-307 does not set one out.
Statutes and sources
- Mont. Code Ann. § 39-2-307: access demands, investigation, work accounts, retaliation, definitions, and remedies; accessed 2026-10-17.
- Mont. Code Ann. § 30-14-142: conditions of cross-referenced consumer-protection penalties; accessed 2026-10-17.
Source links
Every statute quoted above, linked, with the date we checked it.
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