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.