Relating to Social Media privacy and educational institutions
House Bill 5143 would create a new article in West Virginia law governing social media privacy at institutions of higher education. The bill prohibits colleges and universities, public or private, from requiring current or prospective students or employees to disclose usernames or passwords for personal social media accounts. It also bars institutions from requiring students to change privacy settings or add an employee or volunteer, such as a coach, professor, or administrator, to their social media contacts as a condition of admission, employment, or participation in curricular or extracurricular activities.
The bill further protects students and prospective employees from retaliation for refusing such requests. An institution could not discipline, discharge, exclude, or otherwise penalize a current student for asserting these rights, and it could not refuse to admit or hire a prospective student or employee for doing so. The measure expressly allows institutions to view publicly available online information and preserves compliance with federal and state law requirements.
If enacted, HB5143 would add a new section to Chapter 18B of the West Virginia Code and impose statewide limits on how higher education institutions may access or condition access to private social media accounts. It would create enforceable privacy rights for students and employees in both public and private postsecondary institutions, while preserving institutional access to publicly available online content and compliance with other legal obligations. The bill would primarily affect colleges, universities, applicants, current students, employees, coaches, faculty, and administrators.
The bill appears to be framed as a privacy-protection measure for students and employees, with no recorded committee debate, amendments, or votes in the available materials. Based on the text alone, the policy direction is straightforward and protective of individual privacy, suggesting a generally favorable or noncontroversial presentation at introduction. However, because no transcripts or vote history are provided, there is no documented evidence of support or opposition in the available record.
The main potential point of contention is the balance between personal privacy and institutional oversight. Higher education institutions may view the bill as limiting their ability to monitor student conduct, enforce codes of conduct, or assess applicants and employees in certain contexts, especially where social media is relevant to safety, team management, or professional standards. Supporters would likely emphasize that the bill only restricts access to nonpublic accounts and still allows review of publicly available information, while opponents may argue that the restrictions could interfere with legitimate institutional policies and screening practices.