Assembly Bill A2891

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

                                  2891

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
  tee 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

A. 2891                             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.