senate Bill S2434C

2013-2014 Legislative Session

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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Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 10, 2014 advanced to third reading
Jun 09, 2014 2nd report cal.
Jun 03, 2014 1st report cal.1189
Apr 30, 2014 print number 2434d
amend and recommit to labor
Mar 12, 2014 print number 2434c
amend and recommit to labor
Jan 08, 2014 referred to labor
Jun 04, 2013 print number 2434b
amend and recommit to labor
Mar 19, 2013 print number 2434a
amend (t) and recommit to labor
Jan 17, 2013 referred to labor

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

Co-Sponsors

S2434 - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §201-g, Lab L; add §115, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A9654, S6831

S2434 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2434

TITLE OF BILL:
An act
to amend the labor law,
in relation to prohibiting an employer from requesting or requiring that
an employee or applicant 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
for requesting ox requiring user name and log in information
including passwords as a condition of hiring and/or employment status
as well as for use in disciplinary actions.

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.

Section 2: Effective 180 days after it shall have become law.

JUSTIFICATION:
Employers are beginning to use various types of new tools in decisions
dealing with the hiring and disciplinary actions regarding
prospective and current employees. Recently, there have been reports
of employers demanding log in information, including user name 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, 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 practices and constitutes a serious invasion of privacy on the
behalf of the employer. 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 or during an interview. 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 practices by employers

PRIOR LEGISLATIVE HISTORY: S. 6831 of 2012.

FISCAL IMPLICATIONS: None.

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


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

                                  2434

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI -- 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  prohibiting  an  employer
  from  requesting  or  requiring that an employee or applicant 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03108-01-3

S. 2434                             2

  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.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

S2434A - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §201-g, Lab L; add §115, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A9654, S6831

S2434A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2434A

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 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2434--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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
APPLICANT  FOR  EMPLOYMENT  TO DISCLOSE ANY USER NAME, PASSWORD OR OTHER
MEANS FOR ACCESSING A PERSONAL ACCOUNT OR SERVICE THROUGH AN  ELECTRONIC
COMMUNICATIONS DEVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03108-04-3

S. 2434--A                          2

  (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.
  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)  THIS  SECTION DOES NOT PROHIBIT AN EMPLOYER FROM DOING ANY OF
THE FOLLOWING:
  (I) REQUESTING OR REQUIRING AN EMPLOYEE TO DISCLOSE ACCESS INFORMATION
TO THE EMPLOYER TO GAIN ACCESS TO OR OPERATE ANY OF THE FOLLOWING:
  (1) AN ELECTRONIC COMMUNICATIONS DEVICE PAID FOR IN WHOLE OR  IN  PART
BY THE EMPLOYER; OR
  (2) AN ACCOUNT OR SERVICE PROVIDED BY THE EMPLOYER, OBTAINED BY VIRTUE
OF THE EMPLOYEE'S EMPLOYMENT RELATIONSHIP WITH THE EMPLOYER, OR USED FOR
THE EMPLOYER'S BUSINESS PURPOSES.
  (II)  DISCIPLINING  OR  DISCHARGING  AN  EMPLOYEE FOR TRANSFERRING THE
EMPLOYER'S PROPRIETARY OR CONFIDENTIAL INFORMATION OR FINANCIAL DATA  TO
AN  EMPLOYEE'S PERSONAL INTERNET ACCOUNT WITHOUT THE EMPLOYER'S AUTHORI-
ZATION.
  (III) CONDUCTING AN INVESTIGATION OR REQUIRING AN EMPLOYEE TO  COOPER-
ATE IN AN INVESTIGATION IN ANY OF THE FOLLOWING CIRCUMSTANCES:
  (1)  IF THERE IS SPECIFIC INFORMATION ABOUT ACTIVITY ON THE EMPLOYEE'S
PERSONAL INTERNET ACCOUNT, FOR THE PURPOSE OF ENSURING  COMPLIANCE  WITH
APPLICABLE  LAWS, REGULATORY REQUIREMENTS, OR PROHIBITIONS AGAINST WORK-
RELATED EMPLOYEE MISCONDUCT; OR
  (2) IF THE EMPLOYER HAS SPECIFIC  INFORMATION  ABOUT  AN  UNAUTHORIZED
TRANSFER  OF THE EMPLOYER'S PROPRIETARY INFORMATION, CONFIDENTIAL INFOR-
MATION, OR FINANCIAL DATA TO AN EMPLOYEE'S PERSONAL INTERNET ACCOUNT.
  (IV) RESTRICTING  OR  PROHIBITING  AN  EMPLOYEE'S  ACCESS  TO  CERTAIN
WEBSITES  WHILE  USING  AN  ELECTRONIC COMMUNICATIONS DEVICE PAID FOR IN
WHOLE OR IN PART BY THE EMPLOYER OR WHILE USING AN EMPLOYER'S NETWORK OR
RESOURCES, IN ACCORDANCE WITH STATE AND FEDERAL LAW.
  (V) MONITORING, REVIEWING, OR ACCESSING ELECTRONIC DATA STORED  ON  AN
ELECTRONIC  COMMUNICATIONS  DEVICE  PAID  FOR IN WHOLE OR IN PART BY THE
EMPLOYER, OR TRAVELING THROUGH OR STORED ON AN  EMPLOYER'S  NETWORK,  IN
ACCORDANCE WITH STATE AND FEDERAL LAW.
  (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--A                          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.
  3. THIS SECTION SHALL NOT PROHIBIT  AN  EDUCATIONAL  INSTITUTION  FROM
REQUESTING  OR REQUIRING A STUDENT TO DISCLOSE ACCESS INFORMATION TO THE
EDUCATIONAL INSTITUTION TO GAIN ACCESS TO OR OPERATE ANY OF THE  FOLLOW-
ING:
  (A)  AN  ELECTRONIC COMMUNICATIONS DEVICE PAID FOR IN WHOLE OR IN PART
BY THE EDUCATIONAL INSTITUTION; OR
  (B) AN ACCOUNT OR SERVICE PROVIDED BY THE EDUCATIONAL INSTITUTION THAT
IS EITHER OBTAINED BY VIRTUE OF THE STUDENT'S ADMISSION  TO  THE  EDUCA-
TIONAL INSTITUTION OR USED BY THE STUDENT FOR EDUCATIONAL PURPOSES.
  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.

Co-Sponsors

S2434B - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §201-g, Lab L; add §115, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A9654, S6831

S2434B - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2434B

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 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2434--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  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
APPLICANT FOR EMPLOYMENT TO DISCLOSE ANY USER NAME,  PASSWORD  OR  OTHER
MEANS  FOR ACCESSING A PERSONAL ACCOUNT OR SERVICE THROUGH AN ELECTRONIC
COMMUNICATIONS DEVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03108-06-3

S. 2434--B                          2

  (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.
  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 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-

S. 2434--B                          3

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.
  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.

Co-Sponsors

S2434C - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §201-g, Lab L; add §115, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A9654, S6831

S2434C - Bill Texts

view 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.

view 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 full text
download pdf
                    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.

Co-Sponsors

S2434D (ACTIVE) - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §201-g, Lab L; add §115, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A9654, S6831

S2434D (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2434D

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 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2434--D

                       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 -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03108-10-4

S. 2434--D                          2

  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
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  AND  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

S. 2434--D                          3

THAT CAN BE OBTAINED WITHOUT ANY REQUIRED ACCESS INFORMATION OR THAT  IS
AVAILABLE IN THE PUBLIC DOMAIN.
  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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