Protects the privacy of employees' and prospective employees' social media accounts

1 Co-sponsor

• Martin Malavé Dilan

BILL NUMBER:S6938

Title of bill

An act to amend the labor law, in relation to protecting the privacy of employees' and prospective employees' social media accounts

Purpose or general idea of bill

To prohibit employers or their agents from invading the privacy of their employees or prospective employees by requiring them to disclose passwords, user names, or other information connected to social media and other personal accounts.

Summary of provisions

§ 1, subdivision 1 amends the labor law by adding a new section, 215-d:

Invasion of Privacy By an Employer Against an Employee or Prospective Employee. This section defines an applicant as an applicant for employment; defines electronic communications device as any device which uses electronic signals to create, transmit, and receive information; and includes, but is not limited to, computers, telephones, personal digital assistants, and other similar devices.

Subdivision 2 prohibits an employer or their agents from requiring an employee or job applicant to disclose any log-in name, password, or other means for accessing a personal account or service through an electronic communications device; allows an employer or their agent to require an employee to disclose any log-in name, password, or other means for accessing nonpersonal accounts or services that provide access to the employer's internal computer or information systems.

Subdivision 3 prohibits an employer or their agents from terminating, disciplining, or otherwise penalizing an employee or threatening to terminate, discipline, or otherwise penalize an employee for the employee's refusal to disclose any information specified in subdivision 2 of this section; prohibits an employer or their agents from refusing to hire an applicant on the basis that the applicant refused to disclose any information specified in subdivision 2 of this section.

Subdivision 4 imposes penalties in the amount of $300 for the first violation and $500 for subsequent violations upon an employer or agent who violates any provision of this section; allows an aggrieved individual to bring forth a civil action

§2 is the effective date

Justification

As social media sites like Facebook and Twitter become more popular, many employers have sought to gain access to their employee's social

media accounts by requiring that the employees provide their personal account passwords. Additionally, employers have also required prospective employees to disclose such information This is a gross invasion of privacy, but in an extremely tough job market, many employees are afraid to refuse such a demand because they cannot afford to lose their jobs. Likewise, many job applicants fear that by not providing their social media account password or log-in information, they will stop being considered for the job.

Employees and job applicants should not have to cede their right to privacy as a precondition for employment. This legislation will prevent employers from depriving their employees this right to privacy by making it illegal for them to demand an employee's or applicant's password for social media or other personal accounts.

Legislative history

New Bill.

Fiscal implications

Increased revenue through penalties.

Effective date

Immediately.