Bill Text: NY A10396 | 2011-2012 | General Assembly | Introduced

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Bill Title: Protects the privacy of employees' and prospective employees' social media accounts.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2012-05-31 - enacting clause stricken [A10396 Detail]

Download: New_York-2011-A10396-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10396
                                 I N  A S S E M B L Y
                                     May 25, 2012
                                      ___________
       Introduced  by M. of A. CLARK -- read once and referred to the Committee
         on Labor
       AN ACT to amend the labor law, in relation to protecting the privacy  of
         employees' and prospective employees' social media accounts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The labor law is amended by adding a new section  215-d  to
    2  read as follows:
    3    S  215-D.  INVASION  OF  PRIVACY BY AN EMPLOYER AGAINST AN EMPLOYEE OR
    4  PROSPECTIVE EMPLOYEE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
    5    (A) "APPLICANT" MEANS AN APPLICANT FOR EMPLOYMENT.
    6    (B) "ELECTRONIC COMMUNICATIONS DEVICE"  MEANS  ANY  DEVICE  THAT  USES
    7  ELECTRONIC  SIGNALS  TO  CREATE,  TRANSMIT  AND RECEIVE INFORMATION, AND
    8  SHALL INCLUDE BUT NOT BE LIMITED  TO,  COMPUTERS,  TELEPHONES,  PERSONAL
    9  DIGITAL ASSISTANTS AND OTHER SIMILAR DEVICES.
   10    2.  (A) AN EMPLOYER, EMPLOYER'S AGENT OR REPRESENTATIVE, OR ITS DESIG-
   11  NEE SHALL NOT REQUIRE ANY EMPLOYEE OR APPLICANT TO DISCLOSE  ANY  LOG-IN
   12  NAME,  PASSWORD  OR  OTHER  MEANS  FOR  ACCESSING  A PERSONAL ACCOUNT OR
   13  SERVICE THROUGH AN ELECTRONIC COMMUNICATIONS DEVICE.
   14    (B) AN EMPLOYER, EMPLOYER'S AGENT OR REPRESENTATIVE, OR  ITS  DESIGNEE
   15  MAY  REQUIRE  AN EMPLOYEE TO DISCLOSE ANY LOG-IN NAME, PASSWORD OR OTHER
   16  MEANS FOR ACCESSING  NON-PERSONAL  ACCOUNTS  OR  SERVICES  THAT  PROVIDE
   17  ACCESS TO THE EMPLOYER'S INTERNAL COMPUTER OR INFORMATION SYSTEMS.
   18    3.  AN  EMPLOYER,  EMPLOYER'S AGENT OR REPRESENTATIVE, OR ITS DESIGNEE
   19  SHALL NOT:
   20    (A) TERMINATE,  DISCIPLINE  OR  OTHERWISE  PENALIZE  AN  EMPLOYEE,  OR
   21  THREATEN  TO TERMINATE, DISCIPLINE OR OTHERWISE PENALIZE AN EMPLOYEE FOR
   22  THE EMPLOYEE'S REFUSAL TO  DISCLOSE  ANY  INFORMATION  IN  VIOLATION  OF
   23  SUBDIVISION TWO OF THIS SECTION; OR
   24    (B)  FAIL  OR  REFUSE  TO HIRE ANY APPLICANT AS A RESULT OF THE APPLI-
   25  CANT'S REFUSAL TO PROVIDE ANY INFORMATION IN  VIOLATION  OF  SUBDIVISION
   26  TWO OF THIS SECTION.
   27    4.  (A) WHERE A VIOLATION OF THIS SECTION IS ALLEGED TO HAVE OCCURRED,
   28  THE ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15421-01-2
       A. 10396                            2
    1  NEW YORK FOR AN ORDER ENJOINING OR RESTRAINING THE COMMISSION OR CONTIN-
    2  UANCE OF THE ALLEGED UNLAWFUL ACTS. IN ANY SUCH  PROCEEDING,  THE  COURT
    3  MAY  IMPOSE  A  CIVIL PENALTY IN THE AMOUNT OF THREE HUNDRED DOLLARS FOR
    4  THE  FIRST  VIOLATION  AND  FIVE  HUNDRED  DOLLARS  FOR  EACH SUBSEQUENT
    5  VIOLATION.
    6    (B) IN ADDITION TO ANY OTHER PENALTIES OR ACTIONS OTHERWISE APPLICABLE
    7  PURSUANT TO THIS CHAPTER, WHERE A VIOLATION OF THIS SECTION  IS  ALLEGED
    8  TO  HAVE  OCCURRED,  AN  AGGRIEVED INDIVIDUAL MAY COMMENCE AN ACTION FOR
    9  EQUITABLE RELIEF AND DAMAGES.
   10    S 2. This act shall take effect immediately.