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
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

DOJ's fraud sweep bags over $1B in convictions, guilty pleas and indictments in a single week
DOJ's fraud sweep bags over $1B in convictions, guilty pleas and indictments in a single week

Medicare scam, pandemic benefit theft, offshore tax evasion — federal prosecutors are casting a wide net.

Retirement without guaranteed income streams may mean near-total asset wipeout
Retirement without guaranteed income streams may mean near-total asset wipeout

Report finds that pension income acts as a financial lifeline for retirees facing late-life shocks and raises urgent questions about the DC-only future.

Federal judge dismisses Eltek manipulation lawsuit against Morgan Stanley Smith Barney
Federal judge dismisses Eltek manipulation lawsuit against Morgan Stanley Smith Barney

Nine-month electronic trading freeze and share lending program at the center of dismissed claim.

RIA wrap: Dynamic strikes South Carolina deal to reach $7B AUM milestone
RIA wrap: Dynamic strikes South Carolina deal to reach $7B AUM milestone

Meanwhile, Rossby Financial's leadership buildout rolls on with a new COO appointment as Balefire Wealth welcomes a distinguished retirement specialist to its national network.

Rethinking diversification amid a concentrated S&P 500
Rethinking diversification amid a concentrated S&P 500

With a smaller group of companies driving stock market performance, advisors must work more intentionally to manage concentration risks within client portfolios.

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

SPONSORED Durability over scale: What actually defines a great advisory firm

Growth may get the headlines, but in my experience, longevity is earned through structure, culture, and discipline