senate Bill S6938

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

More information?
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 13, 2012 referred to labor

Co-Sponsors

S6938 - Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §215-d, Lab L

S6938 - Summary

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

S6938 - Sponsor Memo

S6938 - Bill Text download pdf

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

                                  6938

                            I N  S E N A T E

                             April 13, 2012
                               ___________

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
  (C)  "ELECTRONIC  COMMUNICATIONS  DEVICE" INCLUDES, BUT IS NOT LIMITED
TO, COMPUTERS, TELEPHONES, PERSONAL DIGITAL ASSISTANTS, AND OTHER  SIMI-
LAR DEVICES.
  2.  (A)  AN  EMPLOYER OR EMPLOYER'S AGENT, REPRESENTATIVE, OR 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 OR EMPLOYER'S AGENT, REPRESENTATIVE, OR 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, REPRESENTATIVE,  OR  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 SPECIFIED IN SUBDIVI-
SION TWO OF THIS SECTION; OR
  (B) FAIL OR REFUSE TO HIRE ANY APPLICANT AS A  RESULT  OF  THE  APPLI-
CANT'S REFUSAL TO PROVIDE ANY INFORMATION PURSUANT TO SUBDIVISION TWO OF
THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15345-01-2

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.