Assembly Bill A2479A

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules 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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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A2479 - Details

See Senate Version of this Bill:
S5544
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §201-h, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9654, S6831
2013-2014: A443, S2434
2015-2016: A4388, S6871
2017-2018: A5485, S1573
2021-2022: A1861, S615
2023-2024: A836, S2518

2019-A2479 - 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.

2019-A2479 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2479
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. DINOWITZ, L. ROSENTHAL, MOSLEY, GALEF, ABINANTI,
   JAFFEE, FAHY, COLTON, CRESPO, ORTIZ, WEPRIN, LAVINE, ARROYO --  Multi-
   Sponsored  by  --  M.  of A. COOK, GOTTFRIED, HYNDMAN -- read once and
   referred 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.
              

co-Sponsors

multi-Sponsors

2019-A2479A (ACTIVE) - Details

See Senate Version of this Bill:
S5544
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §201-h, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9654, S6831
2013-2014: A443, S2434
2015-2016: A4388, S6871
2017-2018: A5485, S1573
2021-2022: A1861, S615
2023-2024: A836, S2518

2019-A2479A (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.

2019-A2479A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2479--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. DINOWITZ, L. ROSENTHAL, MOSLEY, GALEF, ABINANTI,
   JAFFEE, FAHY, COLTON, CRESPO, ORTIZ, WEPRIN, LAVINE, ARROYO --  Multi-
   Sponsored  by  --  M.  of A. COOK, GOTTFRIED, HYNDMAN -- read once and
   referred to the Committee  on  Labor  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01244-02-9
              

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