senate Bill S615A

2021-2022 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 - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 20, 2021 referred to labor
delivered to assembly
passed senate
May 10, 2021 amended on third reading 615a
Jan 25, 2021 advanced to third reading
Jan 20, 2021 2nd report cal.
Jan 19, 2021 1st report cal.113
Jan 06, 2021 referred to labor

Co-Sponsors

S615 - Details

See Assembly Version of this Bill:
A1861
Current Committee:
Assembly 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
2019-2020: S5544, A2479

S615 - 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.

S615 - Sponsor Memo

S615 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    615
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  RAMOS, JACKSON -- 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  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.
                                                            LBD04814-01-1

Co-Sponsors

S615A (ACTIVE) - Details

See Assembly Version of this Bill:
A1861
Current Committee:
Assembly 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
2019-2020: S5544, A2479

S615A (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.

S615A (ACTIVE) - Sponsor Memo

S615A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  615--A
     Cal. No. 113
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  RAMOS, JACKSON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 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

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