senate Bill S1701

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

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Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO LABOR
  • 08 / Jan / 2014
    • REFERRED TO LABOR
  • 03 / Jun / 2014
    • 1ST REPORT CAL.1188
  • 09 / Jun / 2014
    • 2ND REPORT CAL.
  • 10 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

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

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Bill Details

See Assembly Version of this Bill:
A8890
Versions:
S1701
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add ยง215-d, Lab L
Versions Introduced in 2011-2012 Legislative Cycle:
S7077A

Votes

13
0
13
Aye
0
Nay
2
aye with reservations
1
absent
0
excused
0
abstained
show Labor committee vote details

Sponsor Memo

BILL NUMBER:S1701

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 SPECIFIC 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.

PRIOR LEGISLATIVE HISTORY: S 7077A Referred to Senate
Labor Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1701

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, 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  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The labor law is amended by adding a new section 215-d to
read as follows:
  S 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  DESIG-
NEE  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.
                                                           LBD04808-01-3

S. 1701                             2

  (B) FAIL OR REFUSE TO HIRE ANY APPLICANT AS A  RESULT  OF  THE  APPLI-
CANT'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.
  S 2. This act shall take effect immediately.

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