Senate Bill S4167

2017-2018 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 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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2017-S4167 (ACTIVE) - Details

See Assembly Version of this Bill:
A192
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §215-d, Lab L
Versions Introduced in 2015-2016 Legislative Session:
S3927, A2891

2017-S4167 (ACTIVE) - Summary

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

2017-S4167 (ACTIVE) - Sponsor Memo

2017-S4167 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4167
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 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:
   §  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.
                                                            LBD01580-01-7

              

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