An increasing number of states are passing privacy laws that conflict with book and record keeping requirements of SEC-registered investment advisers. If a social media post is considered advertising, an SEC-registered investment adviser is required to keep a record of that post. However, recent changes to state privacy laws prohibits employers from requesting access to their employees’ or potential employees’ social media accounts. If investment advisers are not able to request access to the investment adviser representatives’ social media accounts, the investment adviser may not be able to properly monitor and maintain appropriate records related to the social media content. This would result in a potential violation of SEC record keeping requirements.
