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Can a Maine employer ask for your social media password? 26 M.R.S. 615 to 619 explained

Updated

Maine protects the personal social media accounts of employees and job applicants in sections 615 to 619 of Title 26 of the Maine Revised Statutes, added by Public Law 2015, chapter 343, Part B (26 M.R.S. 616; 615; 617; 618; 619).

The short answer: a Maine employer may not require, coerce or request a worker or applicant to disclose a social media password, may not require, coerce or request them to log in in front of it, may not require or coerce them to disclose account information, and may not require or cause them to add anyone as a contact or require, cause or request them to change privacy settings. It may not punish a worker or refuse to hire an applicant for refusing. The Department of Labor can fine an employer at least $100 for a first violation, rising with each repeat. Public information, regulated financial screening, misconduct investigations and work equipment are exempt.

This page is based on the statutes as published by the Maine Revisor of Statutes. Check for later amendments before relying on it.

Who is covered

  • Employer: a person in Maine who employs individuals, including the State and its political subdivisions and anyone acting in an employer's interest directly or indirectly (615(3)).
  • Employees and applicants: individuals who provide services or labor for wages or other pay, and applicants for employment (615(1), (2)).
  • Social media account: an account with an electronic medium or service where users create, share and view user-generated content, including videos, photographs, blogs, podcasts, instant and text messages, e-mail, online service accounts and website profiles. It does not include an account opened at the employer's behest, provided by the employer or meant to be used mainly on its behalf (615(4)).

What employers may not do

  • Passwords: require or coerce a worker or applicant to disclose, or request that they disclose, the password or any other means of accessing a personal social media account (616(1)).
  • Login in front of the employer: require, coerce or request that they access the account in the presence of the employer or its agent (616(2)).
  • Account information: require or coerce them to disclose any personal social media account information (616(3)).
  • Contacts: require or cause them to add anyone, including the employer or its agent, to their contact list on the account (616(4)).
  • Privacy settings: require or cause them to alter, or request that they alter, settings that affect a third party's ability to view the account (616(5)).
  • Punish a refusal: discharge, discipline or otherwise penalize an employee, or threaten to, for refusing any of the above, or fail or refuse to hire an applicant for refusing (616(6), (7)).

The account information and contact bans do not use the word "request", so our reading, not a court ruling, is that a free request for those is not itself banned, although punishing a refusal is.

What employers may still do

  • Public information: the law does not apply to information about a worker or applicant that is publicly available (617(1)).
  • Regulated screening: comply with a duty to screen staff or applicants, or to monitor or retain employee communications, set by a securities self-regulatory organization or by law to supervise regulated financial institutions or insurance or securities licensees (617(2)).
  • Investigations: require an employee to disclose personal social media account information the employer reasonably believes is relevant to an investigation of employee misconduct or a workplace-related violation of law, if not otherwise prohibited, as long as the information is accessed and used only as far as needed for that investigation or a related proceeding (617(3)).
  • Work equipment: keep lawful workplace policies on its electronic equipment, including requiring the login for employer-issued devices such as phones and computers, or employer-provided software or e-mail accounts (618).

Enforcement

An employer that violates these sections is subject to a fine imposed by the Department of Labor of not less than $100 for the first violation, not less than $250 for the second and not less than $500 for each later one (619). The sections do not themselves give workers a right to sue.

What this means in practice

  • Employers: do not ask for social media logins, a look at accounts, contact requests or settings changes. In a misconduct investigation, require only the information you reasonably believe is relevant and use it only for that.
  • Workers and applicants: you can refuse, and the employer may not punish you or refuse to hire you for it. Public posts can still be seen.

Compare the Connecticut social media password law and the other states in social media password laws in the US. Vermont goes further on content and unlocked phones and lets workers sue, see the Vermont social media password law.

This page covers Maine and is general information based on 26 M.R.S. 615 to 619 as published by the Maine Revisor of Statutes when checked on 3 November 2026, not legal advice. Check for later amendments before relying on it.

Questions and answers

Can a Maine employer ask for my social media password?

No. 26 M.R.S. 616 bars an employer from requiring, coercing or requesting a worker or applicant to disclose the password or other means of accessing a personal social media account.

Can a Maine employer ask me to make my profile public?

No. It may not require, cause or request you to change settings that affect who else can see your personal social media account.

Can a Maine employer look at my account in an investigation?

It may require an employee to disclose account information it reasonably believes is relevant to an investigation of misconduct or a workplace-related violation of law, and may use it only for that investigation or a related proceeding.

What is the penalty in Maine?

The Department of Labor can fine an employer at least $100 for a first violation, at least $250 for a second and at least $500 for each later one. The sections do not themselves give workers a right to sue.

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