USA – NEBRASKA Law and Practice Contributed by: Tara Paulson, Mark Fahleson and Julie Schumacher, Rembolt Ludtke LLP
• add anyone, including the employer, to the list of contacts associated with the employee’s or appli - cant’s personal internet account; • change the settings on the employee’s or appli - cant’s personal internet account which affect the ability of others to view the content of that account; or • waive or limit any protection granted under the Workplace Privacy Act as a condition of employ - ment. Further, an employer must not do the following: • retaliate or discriminate against an employee or applicant who: (a) fails to provide or disclose any internet account information or fails to take any of the barred actions specified above; (b) files a complaint under the Workplace Privacy Act; or (c) testifies, assists or participates in an investiga - tion, proceeding or action concerning a viola - tion of the Workplace Privacy Act; or • use any inadvertently acquired usernames, passwords or account information to access the employee’s or applicant’s personal internet account, share this information with anyone, or fail to delete this information as soon as practicable. Under Nebraska law, a “personal internet account” does not include: • an online account that an employer or educational institution supplies or pays for, except when the employer or educational institution pays only for additional features or enhancements to the online account; or • an online account that is used exclusively for a business purpose of the employer. An employer may request access to a personal inter - net account during an investigation if the employer has specific information about either: • potentially wrongful activity taking place on the personal internet account; or
• an unauthorised download or transfer of the employer’s private proprietary information, private financial data or other confidential information. Additionally, to the extent permitted under applicable laws, employers may: • promulgate and maintain lawful workplace policies governing the use of the employer’s equipment, including internet use; • request or require an employee or applicant to dis - close access information to the employer to gain access to: (a) an electronic communication device supplied by or paid for in whole or part by the employer; or (b) an account or service provided by the em - ployer, obtained by virtue of the employment relationship or used for the employer’s busi - ness purposes; • restrict or prohibit an employee’s access to certain websites while using: (a) a device supplied by or paid for in whole or part by the employer; or (b) an employer’s network or resources; • monitor or access data stored on the employer’s equipment or network; and • access employee or applicant information: (a) available in the public domain; and (b) obtained in compliance with the Workplace Privacy Act. Employees or applicants may bring a civil action for violations of Nebraska’s Workplace Privacy Act. The employee or applicant must bring the action in the district court of the county where the alleged violation occurred within one year of the date of the alleged vio - lation or the discovery of the alleged violation, which - ever is later. A successful plaintiff may be entitled to: • injunctive relief; • general damages; • special damages; and • reasonable attorneys’ fees and costs. Intercepted Communications In Nebraska, any person who intercepts, discloses or intentionally uses a communication in violation of
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