California's Gov. Brown signs privacy law opposed by financial industry

California's Gov. Brown signs privacy law opposed by financial industry
SEP 23, 2012
By  DJAMIESON
California Gov. Jerry Brown on Thursday signed social-media-privacy legislation the financial services industry argues will impede oversight of social-media use by advisers. The law, which goes into effect next year, prohibits employers from requiring that employees or job applicants provide passwords to personal social-media sites. “The Golden State is pioneering the social media revolution and these laws will protect all Californians from unwarranted invasions of their personal social-media accounts,” Mr. Brown said in a signing statement. The Securities Industry and Financial Markets Association had asked Mr. Brown to veto the legislation. “We believe the bill, while well-intended, conflicted with the duty of securities firms to supervise, record, and maintain business-related communications as required by federal, state and other self-regulatory organizations,” SIFMA spokesman Andrew DeSouza wrote in an e-mail. The Financial Industry Regulatory Authority Inc. also opposed the legislation. The concern is that, even though firms can prohibit advisers from using personal sites for business purposes, there's no way they can be sure a representative or adviser is complying. Other industry groups, however, supported the legislation, seeing it as a shield from claims that they have a duty to monitor what employees say on social media sites. Mr. Brown's signing is sure to add momentum to a nationwide trend to protect employee privacy. A similar law in Maryland goes into effect next month and legislation in Illinois becomes active Jan. 1. In addition, other states are working on social-media-privacy bills, and a proposed federal law, the Password Protection Act of 2012, would make it illegal for an employer to compel or coerce access to any private online information, according to its sponsors.

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.