S01701 Summary:

BILL NO    S01701 

SAME AS    SAME AS A08890

SPONSOR    GRISANTI

COSPNSR    KRUEGER

MLTSPNSR   

Add S215-d, Lab L

Protects the privacy of employees' and prospective employees' social media
accounts.
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S01701 Actions:

BILL NO    S01701 

01/09/2013 REFERRED TO LABOR
01/08/2014 REFERRED TO LABOR
06/03/2014 1ST REPORT CAL.1188
06/09/2014 2ND REPORT CAL.
06/10/2014 ADVANCED TO THIRD READING 
06/20/2014 COMMITTED TO RULES
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S01701 Memo:

Memo not available
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S01701 Text:

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

                                         1701

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       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:

    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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04808-01-3
       S. 1701                             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    S 2. This act shall take effect immediately.
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