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Senate Bill S1701

2013-2014 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 Rules Committee

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2013-S1701 (ACTIVE) - Details

See Assembly Version of this Bill:
A8890
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add ยง215-d, Lab L
Versions Introduced in 2011-2012 Legislative Session:
S7077

2013-S1701 (ACTIVE) - Summary

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

2013-S1701 (ACTIVE) - Sponsor Memo

2013-S1701 (ACTIVE) - Bill Text download pdf 

                            
                    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

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