Bill Text: NY S04167 | 2017-2018 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LABOR [S04167 Detail]

Download: New_York-2017-S04167-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4167
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 6, 2017
                                       ___________
        Introduced  by  Sen. KRUEGER -- 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 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    §  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01580-01-7

        S. 4167                             2
     1    (b)  fail  or  refuse  to hire any applicant as a result of the appli-
     2  cant's refusal to provide any information in  violation  of  subdivision
     3  two of this section.
     4    4.  Where a violation of this section is alleged to have occurred, the
     5  attorney general may apply in the name of the people of the state of New
     6  York for an order enjoining or restraining the commission or continuance
     7  of the alleged unlawful acts. In any  such  proceeding,  the  court  may
     8  impose  a  civil  penalty in the amount of three hundred dollars for the
     9  first violation and five hundred dollars for each subsequent violation.
    10    5. This section does not prohibit or restrict an employer from comply-
    11  ing with a duty to screen employees or applicants prior to hiring or  to
    12  monitor  or  retain  employee  communications  that is established under
    13  federal or state law or by a self-regulatory organization, as defined in
    14  section 3(a)(26) of the Securities and Exchange  Act  of  1934,  15  USC
    15  78c(a)(26).
    16    § 2. This act shall take effect immediately.
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