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

---

S7077-2011 Actions

• May 31, 2012: PRINT NUMBER 7077A
• May 31, 2012: AMEND AND RECOMMIT TO LABOR
• Apr 27, 2012: REFERRED TO LABOR

S7077-2011 Memo

BILL NUMBER:S7077

TITLE OF BILL:
An act to amend the labor law, in relation to protecting the privacy of
employees' and prospective employees' social media accounts

PURPOSE:
To protect the privacy of employees' and prospective employees' social
media accounts.

SUMMARY OF PROVISIONS:
The labor law is amended by adding a new section 2l5-d which prohibits
invasion of privacy by an employer against an employee or prospective
employee in regard to using an electronic communications device. The
section states that employers shall not require any employee or appli-
cant to disclose any log-in name, password or other means for accessing
a personal account or service through an electronic communications
device. Employers cannot terminate, discipline or penalize an employee
for refusing to disclose this information.

JUSTIFICATION:
With the increase of technology and social media presence in our every-
day lives, states are taking action to protect employees and employers
from any invasion of privacy regarding social media accounts. This bill
would prohibit employers from requesting user names and/or passwords
from their employees to social media venues such as Facebook and Twit-
ter, and protect both parties from an invasion of privacy. According to
the National Conference of State Legislatures, Maryland was the first
state to adopt password protection legislation. As this becomes a preva-
lent issue, legislation to restrict employer access to social media user
names and passwords has been introduced in at least eight other states,
including: California, Illinois, Massachusetts, Michigan, Minnesota,
Missouri, South Carolina, and Washington. New York State must also take
action to protect employees and employers from privacy invasion in
regard to social media.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S7077-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7077

                              I N  SENATE

                               April 27, 2012
                                 ___________

  Introduced by Sens. GRISANTI, 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:


    Section  1.  The labor law is amended by adding a new section 215-d to
  read as follows:

    S 215-D. INVASION OF PRIVACY BY AN EMPLOYER  AGAINST  AN  EMPLOYEE  OR
  PROSPECTIVE EMPLOYEE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION:

    (A) "APPLICANT" MEANS AN APPLICANT FOR EMPLOYMENT.
    (B)  "ELECTRONIC  COMMUNICATIONS  DEVICE"  MEANS  ANY DEVICE THAT USES
  ELECTRONIC SIGNALS TO CREATE,  TRANSMIT  AND  RECEIVE  INFORMATION,  AND
  SHALL  INCLUDE  BUT  NOT  BE LIMITED TO, COMPUTERS, TELEPHONES, PERSONAL
  DIGITAL ASSISTANTS AND OTHER SIMILAR DEVICES.
    2. (A) AN EMPLOYER, EMPLOYER'S AGENT OR REPRESENTATIVE, OR ITS  DESIG-
  NEE  SHALL  NOT REQUIRE ANY EMPLOYEE OR APPLICANT TO DISCLOSE ANY LOG-IN
  NAME, PASSWORD OR OTHER  MEANS  FOR  ACCESSING  A  PERSONAL  ACCOUNT  OR
  SERVICE THROUGH AN ELECTRONIC COMMUNICATIONS DEVICE.
    (B)  AN  EMPLOYER, EMPLOYER'S AGENT OR REPRESENTATIVE, OR ITS DESIGNEE
  MAY REQUIRE AN EMPLOYEE TO DISCLOSE ANY LOG-IN NAME, PASSWORD  OR  OTHER
  MEANS  FOR  ACCESSING  NON-PERSONAL  ACCOUNTS  OR  SERVICES THAT PROVIDE
  ACCESS TO THE EMPLOYER'S INTERNAL COMPUTER OR INFORMATION SYSTEMS.
    3. AN EMPLOYER, EMPLOYER'S AGENT OR REPRESENTATIVE,  OR  ITS  DESIGNEE
  SHALL NOT:

    (A)  TERMINATE,  DISCIPLINE  OR  OTHERWISE  PENALIZE  AN  EMPLOYEE, OR
  THREATEN TO TERMINATE, DISCIPLINE OR OTHERWISE PENALIZE AN EMPLOYEE  FOR
  THE  EMPLOYEE'S  REFUSAL  TO  DISCLOSE  ANY  INFORMATION IN VIOLATION 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  PROVIDE ANY INFORMATION IN VIOLATION OF SUBDIVISION
  TWO OF THIS SECTION.
    4. (A) WHERE A VIOLATION OF THIS SECTION IS ALLEGED TO HAVE  OCCURRED,
  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

 S. 7077                             2

  NEW YORK FOR AN ORDER ENJOINING OR RESTRAINING THE COMMISSION OR CONTIN-
  UANCE  OF  THE  ALLEGED UNLAWFUL ACTS. IN ANY SUCH PROCEEDING, THE COURT
  MAY IMPOSE A CIVIL PENALTY IN THE AMOUNT OF THREE  HUNDRED  DOLLARS  FOR
  THE  FIRST  VIOLATION  AND  FIVE  HUNDRED  DOLLARS  FOR  EACH SUBSEQUENT
  VIOLATION.
    (B) IN ADDITION TO ANY OTHER PENALTIES OR ACTIONS OTHERWISE APPLICABLE
  PURSUANT TO THIS CHAPTER, WHERE A VIOLATION OF THIS SECTION  IS  ALLEGED
  TO  HAVE  OCCURRED,  AN  AGGRIEVED INDIVIDUAL MAY COMMENCE AN ACTION FOR
  EQUITABLE RELIEF AND DAMAGES.
    S 2. This act shall take effect immediately.