senate Bill S5544A

2019-2020 Legislative Session

Prohibits an employer from requesting that an employee or applicant disclose any means for accessing an electronic personal account

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to labor
Jun 05, 2019 print number 5544a
Jun 05, 2019 amend (t) and recommit to labor
May 06, 2019 referred to labor

Co-Sponsors

S5544 - Details

See Assembly Version of this Bill:
A2479
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §201-h, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6831, A9654
2013-2014: S2434, A443
2015-2016: S6871, A4388
2017-2018: S1573, A5485

S5544 - Summary

Prohibits 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.

S5544 - Sponsor Memo

S5544 - Bill Text download pdf


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

                                  5544

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 6, 2019
                               ___________

Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

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
  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-h to
read as follows:
  § 201-H. REQUEST FOR ACCESS TO PERSONAL ACCOUNTS  PROHIBITED.  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.
  (D)  "PERSONAL  ACCOUNT"  MEANS AN ACCOUNT OR PROFILE ON AN ELECTRONIC
MEDIUM WHERE USERS MAY CREATE, SHARE, AND VIEW  USER-GENERATED  CONTENT,
INCLUDING  UPLOADING  OR DOWNLOADING VIDEOS OR STILL PHOTOGRAPHS, BLOGS,
VIDEO BLOGS, PODCASTS, INSTANT MESSAGES, OR INTERNET WEB  SITE  PROFILES
OR LOCATIONS THAT IS USED BY AN EMPLOYEE OR AN APPLICANT EXCLUSIVELY FOR
PERSONAL PURPOSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01244-01-9

Co-Sponsors

S5544A (ACTIVE) - Details

See Assembly Version of this Bill:
A2479
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §201-h, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6831, A9654
2013-2014: S2434, A443
2015-2016: S6871, A4388
2017-2018: S1573, A5485

S5544A (ACTIVE) - Summary

Prohibits 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.

S5544A (ACTIVE) - Sponsor Memo

S5544A (ACTIVE) - Bill Text download pdf


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

                                 5544--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 6, 2019
                               ___________

Introduced  by  Sens.  RAMOS, JACKSON -- 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, 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 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-h  to
read as follows:
  §  201-H.  REQUEST  FOR ACCESS TO PERSONAL ACCOUNTS PROHIBITED. 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.
  (D) "PERSONAL ACCOUNT" MEANS AN ACCOUNT OR PROFILE  ON  AN  ELECTRONIC
MEDIUM  WHERE  USERS MAY CREATE, SHARE, AND VIEW USER-GENERATED CONTENT,
INCLUDING UPLOADING OR DOWNLOADING VIDEOS OR STILL  PHOTOGRAPHS,  BLOGS,
VIDEO  BLOGS,  PODCASTS, INSTANT MESSAGES, OR INTERNET WEB SITE PROFILES
OR LOCATIONS THAT IS USED BY AN EMPLOYEE OR AN APPLICANT EXCLUSIVELY FOR
PERSONAL PURPOSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01244-03-9

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