Assembly Bill A10591

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10591
 
                           I N  A S S E M B L Y
 
                               June 5, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to prohibiting employers from
   requiring access to social media accounts of  applicants  and  current
   employees
 
   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-h  to
 read as follows:
   §  201-H.  SOCIAL  MEDIA INQUIRIES BY EMPLOYERS PROHIBITED. 1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   A.  "EMPLOYER"  SHALL INCLUDE BUT NOT BE LIMITED TO ANY PERSON, CORPO-
 RATION, LIMITED LIABILITY COMPANY, ASSOCIATION, LABOR  ORGANIZATION,  OR
 ENTITY  EMPLOYING  ANY  INDIVIDUAL  IN  ANY OCCUPATION, INDUSTRY, TRADE,
 BUSINESS OR SERVICE, OR ANY AGENT THEREOF.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE TERM "EMPLOYER" SHALL ALSO INCLUDE THE STATE, ANY POLITICAL
 SUBDIVISION  THEREOF,  ANY  PUBLIC  AUTHORITY  OR ANY OTHER GOVERNMENTAL
 ENTITY OR INSTRUMENTALITY THEREOF, AND ANY PERSON, CORPORATION,  LIMITED
 LIABILITY  COMPANY, ASSOCIATION OR ENTITY ACTING AS AN EMPLOYMENT AGENT,
 RECRUITER, OR OTHERWISE CONNECTING APPLICANTS WITH EMPLOYERS.
   B. "SOCIAL MEDIA ACCOUNT" SHALL MEAN AN ACCOUNT FOR AN  INTERNET-BASED
 SERVICE THAT ALLOWS INDIVIDUALS TO: (I) CONSTRUCT A PUBLIC OR SEMI-PUBL-
 IC  PROFILE WITHIN A BOUNDED SYSTEM, CREATED BY THE SERVICE; (II) CREATE
 A LIST OF OTHER USERS WITH WHOM  THEY  SHARE  A  CONNECTION  WITHIN  THE
 SYSTEM; (III) VIEW AND NAVIGATE THEIR LIST OF CONNECTIONS AND THOSE MADE
 BY  OTHERS WITHIN THE SYSTEM; AND (IV) PARTICIPATE IN ONLINE COMMUNITIES
 TO SHARE INFORMATION, IDEAS, PERSONAL MESSAGES, AND OTHER CONTENT.
   2. NO EMPLOYER SHALL, ORALLY OR IN WRITING, SEEK, REQUEST, OR  REQUIRE
 AN  APPLICANT  OR  CURRENT  EMPLOYEE  TO DISCLOSE INFORMATION RELATED TO
 THEIR PERSONAL SOCIAL MEDIA  ACCOUNT  OR  ACCOUNTS,  INCLUDING  BUT  NOT
 LIMITED  TO,  USERNAMES, PASSWORDS, OR THE CONTENTS OF SUCH SOCIAL MEDIA
 ACCOUNTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16444-01-0

 A. 10591                            2
 
   3. NO EMPLOYER SHALL, ORALLY OR IN WRITING, SEEK, REQUEST, OR  REQUIRE
 AN  APPLICANT  OR  CURRENT  EMPLOYEE TO PROVIDE THE EMPLOYER ACCESS TO A
 SOCIAL MEDIA ACCOUNT, INCLUDING BUT NOT LIMITED TO, REQUIRING AN  APPLI-
 CANT  OR  CURRENT  EMPLOYEE  TO OPEN A SOCIAL MEDIA ACCOUNT AND SHOW THE
 CONTENTS OF SUCH ACCOUNT TO AN EMPLOYER.
   4.  THE  REQUIREMENTS  OF  SUBDIVISIONS  TWO AND THREE OF THIS SECTION
 SHALL NOT APPLY TO EMPLOYERS WHEN IT IS REASONABLE TO  BELIEVE  THAT  AN
 APPLICANT  OR  CURRENT EMPLOYEE'S SOCIAL MEDIA ACCOUNT CONTAINS INFORMA-
 TION WHICH IS RELATED TO AN EMPLOYEE  MISCONDUCT  INVESTIGATION  OR  ANY
 VIOLATION OF LAW.
   5.  A  VIOLATION OF THIS SECTION SHALL SUBJECT THE OFFENDER TO A CIVIL
 PENALTY OF UP TO ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND UP  TO
 FIVE THOUSAND DOLLARS FOR ANY SUBSEQUENT VIOLATION.
   § 2. This act shall take effect immediately.