senate Bill S2434C

Amended

Prohibits an employer or educational institution from requesting that an employee or applicant disclose any means for accessing an electronic personal account or service

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Bill Status


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

  • 17 / Jan / 2013
    • REFERRED TO LABOR
  • 19 / Mar / 2013
    • AMEND (T) AND RECOMMIT TO LABOR
  • 19 / Mar / 2013
    • PRINT NUMBER 2434A
  • 04 / Jun / 2013
    • AMEND AND RECOMMIT TO LABOR
  • 04 / Jun / 2013
    • PRINT NUMBER 2434B
  • 08 / Jan / 2014
    • REFERRED TO LABOR
  • 12 / Mar / 2014
    • AMEND AND RECOMMIT TO LABOR
  • 12 / Mar / 2014
    • PRINT NUMBER 2434C
  • 30 / Apr / 2014
    • AMEND AND RECOMMIT TO LABOR
  • 30 / Apr / 2014
    • PRINT NUMBER 2434D
  • 03 / Jun / 2014
    • 1ST REPORT CAL.1189
  • 09 / Jun / 2014
    • 2ND REPORT CAL.
  • 10 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Prohibits an employer or educational institution from requesting or requiring that an employee, applicant or student disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices.

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Bill Details

Versions:
S2434
S2434A
S2434B
S2434C
S2434D
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §201-g, Lab L; add §115, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
A9654, S6831

Sponsor Memo

BILL NUMBER:S2434C

TITLE OF BILL: An act to amend the labor law and the education law,
in relation to prohibiting an employer or educational institution from
requesting or requiring that an employee, applicant or student
disclose any user name, password, or other means for accessing a
personal account or service through specified electronic
communications devices

PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit employers
and educational institutions from requesting or requiring user name
and login information including passwords as a condition of hiring,
employment status, for use in disciplinary actions, as well as
admission decision or enrollment status.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the labor law by adding a new section, 201-g that
would prohibit employers from requesting or requiring access to
personal electronic communication accounts of prospective or current
employees. This section also allows for specific exemptions to the law
when employers would be allowed to request the information.

Section 2 amends the labor law by adding a new section 115 which would
prohibit educational institutions as defined by the section, from
requesting or requiring access to personal electronic communication
accounts of prospective of current students. This section also allows
for specific exemptions to the law when educational institutions would
be allowed to request the information.

Section 2 subsection C includes an exception for employees voluntarily
adding an employer or agency to their list of contacts.

Section 3 sets the effective date.

JUSTIFICATION: Employers and educational institutions, universities
in particular, are beginning to use various types of new tools in
decisions dealing with the hiring, admittance and acceptance, and
disciplinary actions regarding prospective and current employees and
students. Recently, there have been reports of employers demanding
login information, including username and password information to
popular social media websites such as Facebook, Twitter as well as
login information to email accounts and other extremely personal
accounts. This information is being used as a condition of hiring or
acceptance to a college, as well as promotions, lateral movement
within companies and in matters relating to disciplinary action
including, but not limited to, firing of individuals.

This type of request can lead to issues of unfair and discriminatory
hiring and admissions practices and constitutes a serious invasion of
privacy on the behalf of the employer or school. Employees have the
right to make this information either public or private through the
websites and they should have every right to maintain this privacy
when it comes their work place, classroom, or during an interview or
admissions process. In these economic times many people do not have
the option to walk away from a job and are forced to submit to this
request for fear they will not be hired otherwise. This bill would


remedy this issue and leave consumers with their right to privacy and
reduce the risk of unfair and discriminatory hiring and admissions
practices.

PRIOR LEGISLATIVE HISTORY: 2011-12- A.9654- Passed Assembly/S.6831-
Referred to Labor

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the 180th day after it
shall have become law.

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

                                 2434--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sens.  KLEIN, CARLUCCI, ROBACH -- read twice and ordered
  printed, and when printed to be committed to the Committee on Labor --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to  the Committee on Labor in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  labor law and the education law, in relation to
  prohibiting an employer or educational institution from requesting  or
  requiring  that  an  employee,  applicant or student disclose any user
  name, password, or other means for accessing  a  personal  account  or
  service through specified electronic communications devices

  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 201-g  to
read as follows:
  S 201-G. REQUEST FOR ACCESS TO PERSONAL ACCOUNTS OR SERVICES PROHIBIT-
ED.  1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "APPLICANT" MEANS AN APPLICANT FOR EMPLOYMENT.
  (B) "ELECTRONIC COMMUNICATIONS DEVICE"  MEANS  ANY  DEVICE  THAT  USES
ELECTRONIC SIGNALS TO CREATE, TRANSMIT, AND RECEIVE INFORMATION, INCLUD-
ING,  BUT NOT LIMITED TO COMPUTERS, TELEPHONES, PERSONAL DIGITAL ASSIST-
ANTS AND OTHER SIMILAR DEVICES.
  (C) "EMPLOYER" MEANS (I) A PERSON OR ENTITY  ENGAGED  IN  A  BUSINESS,
INDUSTRY,  PROFESSION, TRADE OR OTHER ENTERPRISE IN THE STATE; OR (II) A
UNIT OF STATE OR LOCAL GOVERNMENT; AND (III)  SHALL  INCLUDE  AN  AGENT,
REPRESENTATIVE OR DESIGNEE OF THE EMPLOYER.
  2.  (A)  EXCEPT  AS  PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IT
SHALL BE UNLAWFUL FOR ANY EMPLOYER TO REQUEST OR REQUIRE ANY EMPLOYEE OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03108-08-4

S. 2434--C                          2

APPLICANT FOR EMPLOYMENT TO DISCLOSE ANY USER NAME,  PASSWORD  OR  OTHER
MEANS  FOR ACCESSING A PERSONAL ACCOUNT OR SERVICE THROUGH AN ELECTRONIC
COMMUNICATIONS DEVICE.
  (B)  AN  EMPLOYER  MAY  REQUIRE AN EMPLOYEE TO DISCLOSE ANY USER NAME,
PASSWORD OR OTHER MEANS FOR ACCESSING NONPERSONAL ACCOUNTS  OR  SERVICES
THAT  PROVIDE  ACCESS TO THE EMPLOYER'S INTERNAL COMPUTER OR INFORMATION
SYSTEMS.
  (C) FOR THE PURPOSES OF THIS SECTION, "ACCESS" SHALL  NOT  INCLUDE  AN
EMPLOYEE OR APPLICANT VOLUNTARILY ADDING AN EMPLOYER OR EMPLOYMENT AGEN-
CY  TO  THEIR  LIST  OF  CONTACTS  ASSOCIATED  WITH  A PERSONAL INTERNET
ACCOUNT.
  3. AN EMPLOYER MAY NOT:
  (A) DISCHARGE,  DISCIPLINE,  OR  OTHERWISE  PENALIZE  OR  THREATEN  TO
DISCHARGE,  DISCIPLINE, OR OTHERWISE PENALIZE AN EMPLOYEE FOR AN EMPLOY-
EE'S REFUSAL TO DISCLOSE ANY INFORMATION SPECIFIED IN PARAGRAPH  (A)  OF
SUBDIVISION TWO OF THIS SECTION; OR
  (B)  FAIL  OR  REFUSE  TO HIRE ANY APPLICANT AS A RESULT OF THE APPLI-
CANT'S REFUSAL TO DISCLOSE ANY INFORMATION SPECIFIED IN PARAGRAPH (A) OF
SUBDIVISION TWO OF THIS SECTION.
  4. IT SHALL BE AN AFFIRMATIVE DEFENSE TO AN ACTION UNDER THIS  SECTION
THAT  THE EMPLOYER ACTED TO COMPLY WITH REQUIREMENTS OF A FEDERAL LAW OR
A LAW OF THIS STATE.
  5. (A) NOTHING IN THIS SECTION SHALL PROHIBIT AN EMPLOYER FROM:
  (I) REQUESTING OR REQUIRING AN EMPLOYEE TO DISCLOSE ACCESS INFORMATION
TO AN ACCOUNT, SERVICE, OR NETWORK PROVIDED BY THE EMPLOYER  WHERE  SUCH
ACCOUNT,  SERVICE,  OR  NETWORK  IS  USED  FOR BUSINESS PURPOSES AND THE
EMPLOYEE WAS PROVIDED PRIOR NOTICE OF THE EMPLOYER'S RIGHT TO REQUEST OR
REQUIRE SUCH ACCESS INFORMATION;
  (II) ACCESSING AN ELECTRONIC COMMUNICATIONS DEVICE PAID FOR  IN  WHOLE
OR  IN  PART  BY THE EMPLOYER WHERE THE PROVISION OF OR PAYMENT FOR SUCH
ELECTRONIC COMMUNICATIONS DEVICE WAS CONDITIONED ON THE EMPLOYER'S RIGHT
TO ACCESS SUCH DEVICE AND THE EMPLOYEE WAS PROVIDED PRIOR NOTICE OF  AND
EXPLICITLY  AGREED TO SUCH CONDITIONS. HOWEVER, NOTHING IN THIS SUBPARA-
GRAPH SHALL PERMIT AN  EMPLOYER  TO  ACCESS  ANY  PERSONAL  ACCOUNTS  OR
SERVICES ON SUCH DEVICE;
  (III)  COMPLYING WITH A COURT ORDER IN OBTAINING OR PROVIDING INFORMA-
TION FROM, OR ACCESS TO, AN EMPLOYEE'S  ACCOUNTS  OR  SERVICES  AS  SUCH
COURT ORDER MAY REQUIRE;
  (IV)  RESTRICTING  OR  PROHIBITING  AN  EMPLOYEE'S  ACCESS  TO CERTAIN
WEBSITES WHILE USING AN EMPLOYER'S NETWORK OR WHILE USING AN  ELECTRONIC
COMMUNICATIONS  DEVICE  PAID  FOR IN WHOLE OR PART BY THE EMPLOYER WHERE
THE PROVISION OF OR PAYMENT FOR SUCH ELECTRONIC COMMUNICATIONS    DEVICE
WAS  CONDITIONED ON THE EMPLOYER'S RIGHT TO RESTRICT SUCH ACCESS AND THE
EMPLOYEE WAS PROVIDED PRIOR NOTICE  OF  AN  EXPLICITLY  AGREED  TO  SUCH
CONDITIONS.
  (B)  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 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).
  (C) THIS SECTION DOES NOT PROHIBIT OR RESTRICT AN EMPLOYER FROM  VIEW-
ING,  ACCESSING, OR UTILIZING INFORMATION ABOUT AN EMPLOYEE OR APPLICANT
THAT CAN BE OBTAINED WITHOUT ANY REQUIRED ACCESS INFORMATION OR THAT  IS
AVAILABLE IN THE PUBLIC DOMAIN.

S. 2434--C                          3

  S  2. The education law is amended by adding a new section 115 to read
as follows:
  S 115. REQUEST FOR ACCESS TO PERSONAL ACCOUNTS OR SERVICES PROHIBITED.
1.  FOR  PURPOSES  OF  THIS  SECTION, THE FOLLOWING WORDS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "EDUCATIONAL INSTITUTION" MEANS A PUBLIC  OR  PRIVATE  EDUCATIONAL
INSTITUTION  OR  SEPARATE  SCHOOL  OR  DEPARTMENT OF A PUBLIC OR PRIVATE
EDUCATIONAL INSTITUTION, AND INCLUDES AN ACADEMY; ELEMENTARY OR  SECOND-
ARY  SCHOOL;  EXTENSION  COURSE;  KINDERGARTEN;  NURSERY  SCHOOL; SCHOOL
SYSTEM; SCHOOL DISTRICT; INTERMEDIATE SCHOOL DISTRICT;  BUSINESS,  NURS-
ING,  PROFESSIONAL, SECRETARIAL, TECHNICAL, OR VOCATIONAL SCHOOL; PUBLIC
OR PRIVATE EDUCATIONAL TESTING SERVICE OR ADMINISTRATOR; AND AN AGENT OF
AN EDUCATIONAL INSTITUTION. EDUCATIONAL INSTITUTION SHALL  BE  CONSTRUED
BROADLY  TO  INCLUDE PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION
TO THE GREATEST EXTENT CONSISTENT WITH CONSTITUTIONAL LIMITATIONS.
  (B) "ELECTRONIC COMMUNICATIONS DEVICE"  MEANS  ANY  DEVICE  THAT  USES
ELECTRONIC SIGNALS TO CREATE, TRANSMIT, AND RECEIVE INFORMATION, INCLUD-
ING,  BUT NOT LIMITED TO COMPUTERS, TELEPHONES, PERSONAL DIGITAL ASSIST-
ANTS AND OTHER SIMILAR DEVICES.
  2. IT SHALL BE UNLAWFUL FOR ANY EDUCATIONAL INSTITUTION TO:
  (A) REQUEST OR REQUIRE ANY STUDENT OR PROSPECTIVE STUDENT TO  DISCLOSE
ANY  USER NAME, PASSWORD OR OTHER MEANS FOR ACCESSING A PERSONAL ACCOUNT
OR SERVICE THROUGH AN ELECTRONIC COMMUNICATIONS DEVICE; OR
  (B) EXPEL, DISCIPLINE, FAIL TO ADMIT, OR OTHERWISE PENALIZE A  STUDENT
OR PROSPECTIVE STUDENT FOR FAILURE TO GRANT ACCESS TO, ALLOW OBSERVATION
OF,  OR DISCLOSE INFORMATION THAT ALLOWS ACCESS TO OR OBSERVATION OF THE
STUDENT'S OR PROSPECTIVE STUDENT'S PERSONAL INTERNET ACCOUNT.
  (C) FOR THE PURPOSES OF THIS SECTION, "ACCESS" SHALL  NOT  INCLUDE  AN
EMPLOYEE OR APPLICANT VOLUNTARILY ADDING AN EMPLOYER OR EMPLOYMENT AGEN-
CY  TO  THEIR  LIST  OF  CONTACTS  ASSOCIATED  WITH  A PERSONAL INTERNET
ACCOUNT.
  3. NOTHING IN THIS SECTION PROHIBITS AN EDUCATIONAL INSTITUTION FROM:
  (A) ACCESSING AN ELECTRONIC COMMUNICATIONS DEVICE PAID FOR IN WHOLE OR
IN PART BY THE EDUCATIONAL INSTITUTION WHERE THE PROVISION OF OR PAYMENT
FOR SUCH ELECTRONIC COMMUNICATIONS DEVICE WAS CONDITIONED ON THE  EDUCA-
TIONAL  INSTITUTION'S  RIGHT  TO  ACCESS SUCH DEVICE AND THE STUDENT WAS
PROVIDED PRIOR NOTICE OF  AND  EXPLICITLY  AGREED  TO  SUCH  CONDITIONS.
HOWEVER,  NOTHING IN THIS PARAGRAPH SHALL PERMIT AN EDUCATIONAL INSTITU-
TION TO ACCESS ANY PERSONAL ACCOUNTS OR SERVICES ON SUCH DEVICE; OR
  (B) REQUESTING OR REQUIRING A STUDENT TO DISCLOSE  ACCESS  INFORMATION
TO  AN  ACCOUNT OR SERVICE PROVIDED BY THE EDUCATIONAL INSTITUTION WHERE
SUCH ACCOUNT OR SERVICE IS USED FOR EDUCATIONAL PURPOSES AND THE STUDENT
WAS PROVIDED PRIOR NOTICE OF  THE  EDUCATIONAL  INSTITUTION'S  RIGHT  TO
REQUEST OR REQUIRE SUCH ACCESS INFORMATION.
  4. THIS SECTION SHALL NOT PROHIBIT OR RESTRICT AN EDUCATIONAL INSTITU-
TION  FROM  VIEWING, ACCESSING, OR UTILIZING INFORMATION ABOUT A STUDENT
OR APPLICANT THAT CAN BE OBTAINED WITHOUT ANY REQUIRED  ACCESS  INFORMA-
TION OR THAT IS AVAILABLE IN THE PUBLIC DOMAIN.
  5.  IT  IS AN AFFIRMATIVE DEFENSE TO AN ACTION UNDER THIS SECTION THAT
THE EDUCATIONAL INSTITUTION ACTED  TO  COMPLY  WITH  REQUIREMENTS  OF  A
FEDERAL LAW OR A LAW OF THIS STATE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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