New Mexico bars employers from asking job applicants for access to their social networking accounts. The rule comes from Senate Bill 371 of 2013, "No Social Media Access for Employers", signed by the Governor on 5 April 2013 as Chapter 222 of the 2013 Laws (SB 371, final version; bill history, New Mexico Legislature).
The short answer: it is unlawful for a New Mexico employer to request or require a prospective employee to provide a password to a social networking account or profile, or to demand access to it in any manner. The law is about applicants: its text does not mention current employees. Employers can still set workplace internet policies, monitor their own equipment and e-mail, and look at public information.
This page is based on the Act as passed. It was added to the New Mexico Statutes, but we could not read the compiled section on the state's official compilation site, which needs JavaScript to search, so check for any later amendments.
Who is covered
- Prospective employees only: the ban protects a prospective employee (SB 371, Section 1(A)). Our reading, not a court ruling, is that current employees are not covered by this law.
- Employers: the Act does not define employer. It does not apply to federal, state or local law enforcement agencies (Section 1(D)).
- Social networking web site: an internet-based service that lets individuals build a public or semi-public profile within a bounded system, create a list of other users they share a connection with, and view and navigate their connections and those made by others (Section 1(E)).
What employers may not do
- Ask for the password: request or require a prospective employee to provide a password to gain access to their account or profile on a social networking web site (Section 1(A)).
- Demand access in any manner: demand access in any manner to a prospective employee's account or profile on a social networking web site (Section 1(A)).
Our reading is that "demand access in any manner" also reaches asking an applicant to log in and show the account, but the request for a password is the only form spelled out. The Act does not mention contacts, privacy settings or retaliation.
What employers may still do
- Workplace policies: have policies on workplace internet use, social networking site use and e-mail use (Section 1(B)(1)).
- Own equipment and e-mail: monitor use of the employer's electronic equipment and e-mail, without asking an applicant for a password to their social networking account (Section 1(B)(2)).
- Public information: obtain information about an applicant that is in the public domain (Section 1(C)).
- Government background checks: federal, state and local government agencies can still run background checks required by law (Section 1(D)).
Enforcement
The Act declares the conduct unlawful but does not itself name a penalty, an enforcing agency or a right to sue. Anyone who thinks it has been broken should ask a New Mexico employment lawyer what routes apply.
What this means in practice
- Employers: keep social media passwords and account access out of hiring entirely. Review only what applicants have made public. The same caution is sensible for current staff, even though the text speaks of applicants.
- Applicants: you can refuse to hand over a password or let an employer into your account. Public posts can still be seen.
Compare the Montana social media password law and the other states in social media password laws in the US. Tennessee has its own law, which covers current employees as well as applicants.
This page covers New Mexico and is general information based on the Act as passed, published by the New Mexico Legislature, when checked on 3 November 2026, not legal advice. Check for later amendments before relying on it.
Questions and answers
Can a New Mexico employer ask a job applicant for a social media password?
No. Senate Bill 371 of 2013 makes it unlawful for an employer to request or require a prospective employee to provide a password to a social networking account, or to demand access to it in any manner.
Does the New Mexico law protect current employees?
Its text speaks only of prospective employees. Our reading is that current employees are not covered by this law.
Can a New Mexico employer look at my public profile?
Yes. The Act says nothing in it prohibits an employer from obtaining information about an applicant that is in the public domain.
What happens if a New Mexico employer breaks the law?
The Act declares the conduct unlawful but does not itself name a penalty, enforcing agency or right to sue. Ask a New Mexico employment lawyer which routes apply.