NY State Senate Bill S2518

Current Bill Status Via A836 - Passed Senate & Assembly

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

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2023	returned to assembly passed senate 3rd reading cal.259 substituted for s2518a
May 22, 2023	substituted by a836
Mar 29, 2023	amended on third reading 2518a
Mar 29, 2023	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 21, 2023	referred to labor delivered to assembly passed senate
Feb 06, 2023	advanced to third reading
Feb 01, 2023	2nd report cal.
Jan 31, 2023	1st report cal.259
Jan 23, 2023	referred to labor

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2518 - Details

Law Section:: Labor Law
Laws Affected:: Add §201-i, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6831
2013-2014: S2434
2015-2016: S6871
2017-2018: S1573
2019-2020: S5544
2021-2022: S615

S2518 - Summary

Prohibits an employer from requesting or requiring that an employee or applicant for employment disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices.

S2518 - Sponsor Memo

 
BILL NUMBER: S2518

SPONSOR: RAMOS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit employers from requesting or requiring username
and login information including passwords as a condition of hiring,
employment status, for use in disciplinary actions.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the labor law by adding a new section, 201-h that would
prohibit employers from requesting or requiring access to personal elec-
tronic communication accounts of prospective or current employees. This
section also allows for specific exemptions to the law when employers

would be allowed to request the information.

Section 2 sets the effective date.

 
JUSTIFICATION:

Employers are beginning to use various types of new tools in decisions
dealing with hiring and disciplinary actions regarding prospective and
current employees. Recently, there have been reports of employers
demanding login information, including username and password information
to popular social media websites such as Facebook and Twitter, as well
as login information to email accounts and other highly personal
accounts. This information is being used as a condition of hiring, as
well as promotions, lateral movement within companies, and in matters
relating to disciplinary action including, but not limited to, firing of
individuals.

This type of request can lead to issues of unfair and discriminatory
hiring and admissions practices and constitutes a severe invasion of
privacy on behalf of the employer.

Employees have the right to make this information either public or
private through the websites. They should have every right to maintain
this privacy when it comes to their workplace or during an interview or
admissions process. In these economic times many people do not have the
option to walk away from a job and are forced to submit to this request
for fear they will not be hired otherwise. This bill would remedy this
issue and leave consumers with their right to privacy and reduce the
risk of unfair and discriminatory hiring.

 
PRIOR LEGISLATIVE HISTORY:

2017-18- A.5485 - Third Reading Calendar/S.1573A - Referred to Labor

2015-16- A.4388 - Advanced to Third Reading Calendar/ S.6871- Referred
to Labor

2013-14- A.443-D - Passed Assembly/S.2434-D- Advanced to Third Reading
Cal.

2011-12- A.9654- Passed Assembly/S.6831- Referred to Labor

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become
law.

S2518 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2518
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 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-i  to
 read as follows:
   §  201-I.  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.
   2. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION,  IT
 SHALL  BE  UNLAWFUL  FOR  ANY EMPLOYER TO REQUEST, REQUIRE OR COERCE ANY
 EMPLOYEE OR APPLICANT FOR EMPLOYMENT TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00726-02-3

 S. 2518                             2
 
   (I) DISCLOSE ANY USER NAME AND PASSWORD, PASSWORD, OR OTHER  AUTHENTI-
 CATION INFORMATION FOR ACCESSING A PERSONAL ACCOUNT THROUGH AN ELECTRON-
 IC COMMUNICATIONS DEVICE;
   (II)  ACCESS  THE  EMPLOYEE'S  OR  APPLICANT'S PERSONAL ACCOUNT IN THE
 PRESENCE OF THE EMPLOYER; OR
   (III) REPRODUCE IN ANY MANNER PHOTOGRAPHS, VIDEO, OR OTHER INFORMATION
 CONTAINED WITHIN A PERSONAL ACCOUNT OBTAINED BY THE MEANS PROHIBITED  IN
 THIS PARAGRAPH.
   (B)  AN  EMPLOYER  MAY  REQUIRE AN EMPLOYEE TO DISCLOSE ANY USER NAME,
 PASSWORD OR OTHER MEANS FOR ACCESSING NONPERSONAL ACCOUNTS THAT  PROVIDE
 ACCESS TO THE EMPLOYER'S INTERNAL COMPUTER OR INFORMATION SYSTEMS.
   (C)  FOR  THE  PURPOSES OF THIS SECTION, "ACCESS" SHALL NOT INCLUDE AN
 EMPLOYEE OR APPLICANT VOLUNTARILY  ADDING  AN  EMPLOYER,  AGENT  OF  THE
 EMPLOYER, OR EMPLOYMENT AGENCY TO THEIR LIST OF CONTACTS ASSOCIATED WITH
 A PERSONAL INTERNET ACCOUNT.
   3. AN EMPLOYER MAY NOT:
   (A)  DISCHARGE,  DISCIPLINE,  OR  OTHERWISE  PENALIZE  OR  THREATEN TO
 DISCHARGE, DISCIPLINE, OR OTHERWISE PENALIZE AN EMPLOYEE FOR AN  EMPLOY-
 EE'S  REFUSAL  TO DISCLOSE ANY INFORMATION SPECIFIED IN PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION; OR
   (B) FAIL OR REFUSE TO HIRE ANY APPLICANT AS A  RESULT  OF  THE  APPLI-
 CANT'S REFUSAL TO DISCLOSE ANY INFORMATION SPECIFIED IN PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION.
   4.  IT SHALL BE AN AFFIRMATIVE DEFENSE TO AN ACTION UNDER THIS SECTION
 THAT THE EMPLOYER ACTED TO COMPLY WITH REQUIREMENTS OF A FEDERAL,  STATE
 OR LOCAL LAW.
   5. (A) NOTHING IN THIS SECTION SHALL PROHIBIT AN EMPLOYER FROM:
   (I) REQUESTING OR REQUIRING AN EMPLOYEE TO DISCLOSE ACCESS INFORMATION
 TO  AN  ACCOUNT  PROVIDED BY THE EMPLOYER WHERE SUCH ACCOUNT IS USED FOR
 BUSINESS PURPOSES AND THE EMPLOYEE WAS  PROVIDED  PRIOR  NOTICE  OF  THE
 EMPLOYER'S RIGHT TO REQUEST OR REQUIRE SUCH ACCESS INFORMATION;
   (II)  REQUESTING  OR REQUIRING AN EMPLOYEE TO DISCLOSE ACCESS INFORMA-
 TION TO AN ACCOUNT  KNOWN  TO  AN  EMPLOYER  TO  BE  USED  FOR  BUSINESS
 PURPOSES;
   (III)  ACCESSING AN ELECTRONIC COMMUNICATIONS DEVICE PAID FOR IN WHOLE
 OR IN PART BY THE EMPLOYER WHERE THE PROVISION OF OR  PAYMENT  FOR  SUCH
 ELECTRONIC COMMUNICATIONS DEVICE WAS CONDITIONED ON THE EMPLOYER'S RIGHT
 TO  ACCESS SUCH DEVICE AND THE EMPLOYEE WAS PROVIDED PRIOR NOTICE OF AND
 EXPLICITLY AGREED TO SUCH CONDITIONS. HOWEVER, NOTHING IN THIS  SUBPARA-
 GRAPH  SHALL  PERMIT AN EMPLOYER TO ACCESS ANY PERSONAL ACCOUNTS ON SUCH
 DEVICE;
   (IV) COMPLYING WITH A COURT ORDER IN OBTAINING OR  PROVIDING  INFORMA-
 TION  FROM, OR ACCESS TO, AN EMPLOYEE'S ACCOUNTS AS SUCH COURT ORDER MAY
 REQUIRE;
   (V)  RESTRICTING  OR  PROHIBITING  AN  EMPLOYEE'S  ACCESS  TO  CERTAIN
 WEBSITES  WHILE USING AN EMPLOYER'S NETWORK OR WHILE USING AN ELECTRONIC
 COMMUNICATIONS DEVICE PAID FOR IN WHOLE OR PART BY  THE  EMPLOYER  WHERE
 THE  PROVISION  OF OR PAYMENT FOR SUCH ELECTRONIC COMMUNICATIONS  DEVICE
 WAS CONDITIONED ON THE EMPLOYER'S RIGHT TO RESTRICT SUCH ACCESS AND  THE
 EMPLOYEE  WAS  PROVIDED  PRIOR  NOTICE  OF AND EXPLICITLY AGREED TO SUCH
 CONDITIONS.
   (B) THIS SECTION DOES  NOT  PROHIBIT  OR  RESTRICT  AN  EMPLOYER  FROM
 COMPLYING  WITH A DUTY TO SCREEN EMPLOYEES OR APPLICANTS PRIOR TO HIRING
 OR TO MONITOR OR RETAIN  EMPLOYEE  COMMUNICATIONS  THAT  IS  ESTABLISHED
 UNDER  FEDERAL  LAW  OR BY A SELF REGULATORY ORGANIZATION, AS DEFINED IN
 S. 2518                             3
 
 SECTION 3(A)(26) OF THE SECURITIES AND EXCHANGE  ACT  OF  1934,  15  USC
 §78C(A)(26).
   (C)  THIS SECTION DOES NOT PROHIBIT OR RESTRICT AN EMPLOYER FROM VIEW-
 ING, ACCESSING, OR UTILIZING INFORMATION ABOUT AN EMPLOYEE OR  APPLICANT
 THAT  CAN  BE  OBTAINED WITHOUT ANY REQUIRED ACCESS INFORMATION, THAT IS
 AVAILABLE IN THE PUBLIC DOMAIN, OR FOR THE PURPOSES OF OBTAINING REPORTS
 OF MISCONDUCT OR INVESTIGATING MISCONDUCT, PHOTOGRAPHS, VIDEO, MESSAGES,
 OR OTHER INFORMATION THAT IS VOLUNTARILY SHARED BY AN EMPLOYEE,  CLIENT,
 OR  OTHER THIRD PARTY THAT THE EMPLOYEE SUBJECT TO SUCH REPORT OR INVES-
 TIGATION HAS VOLUNTARILY GIVEN ACCESS TO CONTAINED WITHIN  SUCH  EMPLOY-
 EE'S PERSONAL ACCOUNT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

Co-Sponsors

S2518A (ACTIVE) - Details

Law Section:: Labor Law
Laws Affected:: Add §201-i, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6831
2013-2014: S2434
2015-2016: S6871
2017-2018: S1573
2019-2020: S5544
2021-2022: S615

S2518A (ACTIVE) - Summary

S2518A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2518A

SPONSOR: RAMOS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit employers from requesting or requiring username
and login information including passwords as a condition of hiring,
employment status, for use in disciplinary actions.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the labor law by adding a new section 201-h to prohibit
employers from requesting or requiring access to personal electronic
communication accounts of prospective or current employees. This section
also allows for specific exemptions to the law when employers would be

allowed to request the information and exempts law enforcement, fire
departments, and the department of corrections and community super-
vision.

Section 2 sets the effective date.

 
JUSTIFICATION:

Employers are beginning to use various types of new tools in decisions
dealing with hiring and disciplinary actions regarding prospective and
current employees. Recently, there have been reports of employers
demanding login information, including username and password information
to popular social media websites such as Facebook and Twitter, as well
as login information to email accounts and other highly personal
accounts. This information is being used as a condition of hiring, as
well as promotions, lateral movement within companies, and in matters
relating to disciplinary action including, but not limited to, firing of
individuals.

This type of request can lead to issues of unfair and discriminatory
hiring and admissions practices and constitutes a severe invasion of
privacy on behalf of the employer. Employees have the right to make this
information either public or private through the websites. They should
have every right to maintain this privacy when it comes to their work-
place or during an interview or admissions process.  In these economic
times many people do not have the option to walk away from a job and are
forced to submit to this request for fear they will not be hired other-
wise. This bill would remedy this issue and leave consumers with their
right to privacy and reduce the risk of unfair and discriminatory
hiring.

 
PRIOR LEGISLATIVE HISTORY:

2017-18- A.5485 - Third Reading Calendar/S.1573A - Referred to Labor

2015-16- A.4388 - Advanced to Third Reading Calendar/ S.6871- Referred
to Labor
2013-14- A.443-D - Passed Assembly/S.2434-D- Advanced to Third Reading
Cal.

2011-12- A.9654- Passed Assembly/S.6831- Referred to Labor

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become
law.

S2518A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2518--A
     Cal. No. 259
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 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,  passed by Senate and delivered to the
   Assembly, recalled, vote  reconsidered,  restored  to  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-i  to
 read as follows:
   §  201-I.  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;  (II)  THE
 STATE  OF  NEW  YORK;  (III)  A COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER
 POLITICAL SUBDIVISION OR CIVIL DIVISION OF  THE  STATE;  (IV)  A  SCHOOL
 DISTRICT OR ANY GOVERNMENT ENTITY OPERATING A PUBLIC SCHOOL, COLLEGE, OR
 UNIVERSITY;  (V) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT; (VI) A PUBLIC
 AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION; OR (VII) ANY  OTHER
 PUBLIC  CORPORATION, AGENCY, INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00726-03-3
 S. 2518--A                          2
 
 EXERCISES GOVERNMENTAL POWER UNDER THE LAWS OF  THE  STATE;  AND  (VIII)
 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 WEBSITE PROFILES OR
 LOCATIONS THAT IS USED BY AN EMPLOYEE OR AN  APPLICANT  EXCLUSIVELY  FOR
 PERSONAL PURPOSES.
   2.  (A)  EXCEPT  AS  PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IT
 SHALL BE UNLAWFUL FOR ANY EMPLOYER TO REQUEST,  REQUIRE  OR  COERCE  ANY
 EMPLOYEE OR APPLICANT FOR EMPLOYMENT TO:
   (I)  DISCLOSE ANY USER NAME AND PASSWORD, PASSWORD, OR OTHER AUTHENTI-
 CATION INFORMATION FOR ACCESSING A PERSONAL ACCOUNT THROUGH AN ELECTRON-
 IC COMMUNICATIONS DEVICE;
   (II) ACCESS THE EMPLOYEE'S OR  APPLICANT'S  PERSONAL  ACCOUNT  IN  THE
 PRESENCE OF THE EMPLOYER; OR
   (III) REPRODUCE IN ANY MANNER PHOTOGRAPHS, VIDEO, OR OTHER INFORMATION
 CONTAINED  WITHIN A PERSONAL ACCOUNT OBTAINED BY THE MEANS PROHIBITED IN
 THIS PARAGRAPH.
   (B) AN EMPLOYER MAY REQUIRE AN EMPLOYEE TO  DISCLOSE  ANY  USER  NAME,
 PASSWORD  OR OTHER MEANS FOR ACCESSING NONPERSONAL ACCOUNTS THAT PROVIDE
 ACCESS TO THE EMPLOYER'S INTERNAL COMPUTER OR INFORMATION SYSTEMS.
   (C) FOR THE PURPOSES OF THIS SECTION, "ACCESS" SHALL  NOT  INCLUDE  AN
 EMPLOYEE  OR  APPLICANT  VOLUNTARILY  ADDING  AN  EMPLOYER, AGENT OF THE
 EMPLOYER, OR EMPLOYMENT AGENCY TO THEIR LIST OF CONTACTS ASSOCIATED WITH
 A PERSONAL INTERNET ACCOUNT.
   3. AN EMPLOYER MAY NOT:
   (A) DISCHARGE,  DISCIPLINE,  OR  OTHERWISE  PENALIZE  OR  THREATEN  TO
 DISCHARGE,  DISCIPLINE, OR OTHERWISE PENALIZE AN EMPLOYEE FOR AN EMPLOY-
 EE'S REFUSAL TO DISCLOSE ANY INFORMATION SPECIFIED IN PARAGRAPH  (A)  OF
 SUBDIVISION TWO OF THIS SECTION; OR
   (B)  FAIL  OR  REFUSE  TO HIRE ANY APPLICANT AS A RESULT OF THE APPLI-
 CANT'S REFUSAL TO DISCLOSE ANY INFORMATION SPECIFIED IN PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION.
   4. IT SHALL BE AN AFFIRMATIVE DEFENSE TO AN ACTION UNDER THIS  SECTION
 THAT  THE EMPLOYER ACTED TO COMPLY WITH REQUIREMENTS OF A FEDERAL, STATE
 OR LOCAL LAW.
   5. (A) NOTHING IN THIS SECTION SHALL PROHIBIT AN EMPLOYER FROM:
   (I) REQUESTING OR REQUIRING AN EMPLOYEE TO DISCLOSE ACCESS INFORMATION
 TO AN ACCOUNT PROVIDED BY THE EMPLOYER WHERE SUCH ACCOUNT  IS  USED  FOR
 BUSINESS  PURPOSES  AND  THE  EMPLOYEE  WAS PROVIDED PRIOR NOTICE OF THE
 EMPLOYER'S RIGHT TO REQUEST OR REQUIRE SUCH ACCESS INFORMATION;
   (II) REQUESTING OR REQUIRING AN EMPLOYEE TO DISCLOSE  ACCESS  INFORMA-
 TION  TO  AN  ACCOUNT  KNOWN  TO  AN  EMPLOYER  TO  BE USED FOR BUSINESS
 PURPOSES;
   (III) ACCESSING AN ELECTRONIC COMMUNICATIONS DEVICE PAID FOR IN  WHOLE
 OR  IN  PART  BY THE EMPLOYER WHERE THE PROVISION OF OR PAYMENT FOR SUCH
 ELECTRONIC COMMUNICATIONS DEVICE WAS CONDITIONED ON THE EMPLOYER'S RIGHT
 TO ACCESS SUCH DEVICE AND THE EMPLOYEE WAS PROVIDED PRIOR NOTICE OF  AND
 EXPLICITLY  AGREED TO SUCH CONDITIONS. HOWEVER, NOTHING IN THIS SUBPARA-
 GRAPH SHALL PERMIT AN EMPLOYER TO ACCESS ANY PERSONAL ACCOUNTS  ON  SUCH
 DEVICE;
   (IV)  COMPLYING  WITH A COURT ORDER IN OBTAINING OR PROVIDING INFORMA-
 TION FROM, OR ACCESS TO, AN EMPLOYEE'S ACCOUNTS AS SUCH COURT ORDER  MAY
 REQUIRE;
 S. 2518--A                          3
 
   (V)  RESTRICTING  OR  PROHIBITING  AN  EMPLOYEE'S  ACCESS  TO  CERTAIN
 WEBSITES WHILE USING AN EMPLOYER'S NETWORK OR WHILE USING AN  ELECTRONIC
 COMMUNICATIONS  DEVICE  PAID  FOR IN WHOLE OR PART BY THE EMPLOYER WHERE
 THE PROVISION OF OR PAYMENT FOR SUCH ELECTRONIC COMMUNICATIONS    DEVICE
 WAS  CONDITIONED ON THE EMPLOYER'S RIGHT TO RESTRICT SUCH ACCESS AND THE
 EMPLOYEE WAS PROVIDED PRIOR NOTICE OF  AND  EXPLICITLY  AGREED  TO  SUCH
 CONDITIONS.
   (B)  THIS  SECTION  DOES  NOT  PROHIBIT  OR  RESTRICT AN EMPLOYER FROM
 COMPLYING WITH A DUTY TO SCREEN EMPLOYEES OR APPLICANTS PRIOR TO  HIRING
 OR  TO  MONITOR  OR  RETAIN  EMPLOYEE COMMUNICATIONS THAT IS ESTABLISHED
 UNDER FEDERAL LAW OR BY A SELF REGULATORY ORGANIZATION,  AS  DEFINED  IN
 SECTION  3(A)(26)  OF  THE  SECURITIES  AND EXCHANGE ACT OF 1934, 15 USC
 §78C(A)(26).
   (C) THIS SECTION DOES NOT PROHIBIT OR RESTRICT AN EMPLOYER FROM  VIEW-
 ING,  ACCESSING, OR UTILIZING INFORMATION ABOUT AN EMPLOYEE OR APPLICANT
 THAT CAN BE OBTAINED WITHOUT ANY REQUIRED ACCESS  INFORMATION,  THAT  IS
 AVAILABLE IN THE PUBLIC DOMAIN, OR FOR THE PURPOSES OF OBTAINING REPORTS
 OF MISCONDUCT OR INVESTIGATING MISCONDUCT, PHOTOGRAPHS, VIDEO, MESSAGES,
 OR  OTHER INFORMATION THAT IS VOLUNTARILY SHARED BY AN EMPLOYEE, CLIENT,
 OR OTHER THIRD PARTY THAT THE EMPLOYEE SUBJECT TO SUCH REPORT OR  INVES-
 TIGATION  HAS  VOLUNTARILY GIVEN ACCESS TO CONTAINED WITHIN SUCH EMPLOY-
 EE'S PERSONAL ACCOUNT.
   6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY LAW  ENFORCE-
 MENT AGENCY, A FIRE DEPARTMENT OR A DEPARTMENT OF CORRECTIONS AND COMMU-
 NITY SUPERVISION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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The New York State Senate

senate Bill S2518

Sponsored By

Current Bill Status Via A836 - Passed Senate & Assembly

Your Voice

Actions

Votes

May 22, 2023 - floor Vote

Floor Vote: May 22, 2023

Mar 21, 2023 - floor Vote

Floor Vote: Mar 21, 2023

Jan 31, 2023 - Labor committee Vote

Labor Committee Vote: Jan 31, 2023

Bill Amendments

Co-Sponsors

S2518 - Details

S2518 - Summary

S2518 - Sponsor Memo

S2518 - Bill Text download pdf

Co-Sponsors

S2518A (ACTIVE) - Details

S2518A (ACTIVE) - Summary

S2518A (ACTIVE) - Sponsor Memo

S2518A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2518

Share this bill

Sponsored By

Jessica Ramos

Current Bill Status Via A836 - Passed Senate & Assembly

Your Voice

Actions

Votes

May 22, 2023 - floor Vote

Floor Vote: May 22, 2023

Mar 21, 2023 - floor Vote

Floor Vote: Mar 21, 2023

Jan 31, 2023 - Labor committee Vote

Labor Committee Vote: Jan 31, 2023

Bill Amendments

Co-Sponsors

Robert Jackson

S2518 - Details

S2518 - Summary

S2518 - Sponsor Memo

S2518 - Bill Text download pdf

Co-Sponsors

Robert Jackson

S2518A (ACTIVE) - Details

S2518A (ACTIVE) - Summary

S2518A (ACTIVE) - Sponsor Memo

S2518A (ACTIVE) - Bill Text download pdf

Comments