NY State Senate Bill 2015-S3927

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to labor
Jun 25, 2015	committed to rules
Jun 03, 2015	advanced to third reading
Jun 02, 2015	2nd report cal.
Jun 01, 2015	1st report cal.1106
Feb 23, 2015	referred to labor

Votes

- Jun 1, 2015 - Labor Committee Vote
  S3927
  
  13
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Jun 1, 2015
      
      aye (13)
      
      Addabbo Jr.
      
      DeFrancisco
      
      Dilan
      
      Gallivan
      
      Marcellino
      
      Marchione
      
      Martins
      
      Peralta
      
      Perkins
      
      Rivera
      
      Sanders Jr.
      
      Savino
      
      Venditto
      
      aye wr (3)
      
      Hannon
      
      Murphy
      
      Robach

2015-S3927 (ACTIVE) - Details

See Assembly Version of this Bill:: A2891
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §215-d, Lab L
Versions Introduced in 2017-2018 Legislative Session:: S4167, A192

2015-S3927 (ACTIVE) - Summary

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

2015-S3927 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3927

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.

2015-S3927 (ACTIVE) - Bill Text download pdf

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

                                  3927

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 23, 2015
                               ___________

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 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.
                                                           LBD00076-02-5

S. 3927                             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.
  5. THIS SECTION DOES NOT PROHIBIT OR RESTRICT AN EMPLOYER FROM COMPLY-
ING 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).
  S 2. This act shall take effect immediately.

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Senate Bill S3927

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Jun 1, 2015 - Labor Committee Vote

Labor Committee Vote: Jun 1, 2015

2015-S3927 (ACTIVE) - Details

2015-S3927 (ACTIVE) - Summary

2015-S3927 (ACTIVE) - Sponsor Memo

2015-S3927 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3927

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Labor Committee

2015-S3927 (ACTIVE) - Details

2015-S3927 (ACTIVE) - Summary

2015-S3927 (ACTIVE) - Sponsor Memo

2015-S3927 (ACTIVE) - Bill Text download pdf

Comments