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

1 Co-sponsor

• Liz Krueger

BILL NUMBER:S7077A

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

To protect the privacy of employees' and prospective employees' social media accounts.

Summary of provisions

The labor law is amended by adding a new section 215-d which prohibits invasion of privacy by an employer against an employee or prospective employee in regard to using an electronic communications device. The section states that employers shall not require any employee or applicant to disclose any log-in name, password or other means for accessing a personal account or service through an electronic communications device. Employers cannot terminate, discipline or penalize an employee for refusing to disclose this information.

Justification

With the increase of technology and social media presence in our everyday lives, states are taking action to protect employees and employers from any invasion of privacy regarding social media accounts. This bill would prohibit employers from requesting user names and/or passwords from their employees to social media venues such as Facebook and Twitter, and protect both parties from an invasion of privacy. According to the National Conference of State Legislatures, Maryland was the first state to adopt password protection legislation. As this becomes a prevalent issue, legislation to restrict employer access to social media user names and passwords has been introduced in at least eight other states, including: California, Illinois, Massachusetts, Michigan, Minnesota, Missouri, South Carolina, and Washington. New York State must also take action to protect employees and employers from privacy invasion in regard to social media.

Legislative history

New legislation.

Fiscal implications

None.

Effective date

This act shall take effect immediately.