What's happening
This bill prohibits employers from requiring employees or job applicants to disclose login information for personal social media accounts.
Why it matters
Strengthens employee privacy rights. by explicitly prohibiting employers from requesting or requiring access to personal social media or other private online accounts, helping to keep personal and professional boundaries intact.
Prevents retaliation or discrimination. against employees or job applicants who refuse to provide such login information, reducing the risk of unfair treatment or coercion during hiring or employment.
Includes enforcement mechanisms and penalties. , allowing the attorney general to seek court orders and fines against violators, which provides legal recourse and incentivizes employer compliance.
Carves out exceptions for legal compliance. , ensuring that employers can still fulfill their obligations under federal or state law (such as required background checks or regulatory monitoring), balancing privacy with legitimate business or legal needs.
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Who cares
Headline styles
Protect Employee Social Media
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Employee Social Media Privacy
In Assembly Committee · Labor · Sponsor David Buchwald
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4167
2017-2018 Regular Sessions
IN SENATE
February 6, 2017
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to protecting the privacy of employees' and prospective employees' social media accounts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The labor law is amended by adding a new section 215-d to read as follows:
§ 215-d. Invasion of privacy by an employer against an employee or prospective employee. 1. Definitions. For purposes of this section:
(a) "Applicant" means an applicant for employment.
(b) "Electronic communications device" means any device that uses electronic signals to create, transmit and receive information, and shall include but not be limited to, computers, telephones, personal digital assistants and other similar devices.
2. (a) An employer, employer's agent or representative, or its designee 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.
(b) An employer, employer's agent or representative, or its designee may require an employee to disclose any log-in name, password or other means for accessing non-personal accounts or services that provide access to the employer's internal computer or information systems.
3. An employer, employer's agent or representative, or its designee shall not:
(a) terminate, discipline or otherwise penalize an employee, or threaten to terminate, discipline or otherwise penalize an employee for the employee's refusal to disclose any information in violation of subdivision two of this section; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01580-01-7
S. 4167 2
(b) fail or refuse to hire any applicant as a result of the applicant's refusal to provide any information in violation of subdivision two of this section.
4. Where a violation of this section is alleged to have occurred, the attorney general may apply in the name of the people of the state of New York for an order enjoining or restraining the commission or continuance of the alleged unlawful acts. In any such proceeding, the court may impose a civil penalty in the amount of three hundred dollars for the first violation and five hundred dollars for each subsequent violation.
5. This section does not prohibit or restrict an employer from complying with a duty to screen employees or applicants prior to hiring or to monitor or retain employee communications that is established under federal or state law or by a self-regulatory organization, as defined in section 3(a)(26) of the Securities and Exchange Act of 1934, 15 USC 78c(a)(26).
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 :
2015-2016 - S.3927/A.2891
Fiscal implications
Increased revenue through penalties.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.