S02434 Summary:

BILL NO    S02434D

SAME AS    SAME AS A00443-D

SPONSOR    KLEIN

COSPNSR    CARLUCCI, ROBACH

MLTSPNSR   

Add S201-g, Lab L; add S115, Ed L

Prohibits an employer or educational institution from requesting or requiring
that an employee, applicant or student disclose any user name, password, or
other means for accessing a personal account or service through specified
electronic communications devices.
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S02434 Actions:

BILL NO    S02434D

01/17/2013 REFERRED TO LABOR
03/19/2013 AMEND (T) AND RECOMMIT TO LABOR
03/19/2013 PRINT NUMBER 2434A
06/04/2013 AMEND AND RECOMMIT TO LABOR
06/04/2013 PRINT NUMBER 2434B
01/08/2014 REFERRED TO LABOR
03/12/2014 AMEND AND RECOMMIT TO LABOR
03/12/2014 PRINT NUMBER 2434C
04/30/2014 AMEND AND RECOMMIT TO LABOR
04/30/2014 PRINT NUMBER 2434D
06/03/2014 1ST REPORT CAL.1189
06/09/2014 2ND REPORT CAL.
06/10/2014 ADVANCED TO THIRD READING 
06/20/2014 COMMITTED TO RULES
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S02434 Votes:

There are no votes for this bill in this legislative session.
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S02434 Memo:

Memo not available
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S02434 Text:

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

                                        2434--D

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   January 17, 2013
                                      ___________

       Introduced  by  Sens.  KLEIN, CARLUCCI, ROBACH -- read twice and ordered
         printed, and when printed to be committed to the Committee on Labor --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted  to  said committee -- committee discharged, bill amended,
         ordered reprinted as amended and  recommitted  to  said  committee  --
         recommitted  to  the Committee on Labor in accordance with Senate Rule
         6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
         amended  and  recommitted  to  said committee -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee

       AN  ACT  to  amend  the  labor law and the education law, in relation to
         prohibiting an employer or educational institution from requesting  or
         requiring  that  an  employee,  applicant or student disclose any user
         name, password, or other means for accessing  a  personal  account  or
         service through specified electronic communications devices

         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 201-g  to
    2  read as follows:
    3    S 201-G. REQUEST FOR ACCESS TO PERSONAL ACCOUNTS OR SERVICES PROHIBIT-
    4  ED.  1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE
    5  FOLLOWING MEANINGS:
    6    (A) "APPLICANT" MEANS AN APPLICANT FOR EMPLOYMENT.
    7    (B) "ELECTRONIC COMMUNICATIONS DEVICE"  MEANS  ANY  DEVICE  THAT  USES
    8  ELECTRONIC SIGNALS TO CREATE, TRANSMIT, AND RECEIVE INFORMATION, INCLUD-
    9  ING,  BUT NOT LIMITED TO COMPUTERS, TELEPHONES, PERSONAL DIGITAL ASSIST-
   10  ANTS AND OTHER SIMILAR DEVICES.
   11    (C) "EMPLOYER" MEANS (I) A PERSON OR ENTITY  ENGAGED  IN  A  BUSINESS,
   12  INDUSTRY,  PROFESSION, TRADE OR OTHER ENTERPRISE IN THE STATE; OR (II) A
   13  UNIT OF STATE OR LOCAL GOVERNMENT; AND (III)  SHALL  INCLUDE  AN  AGENT,
   14  REPRESENTATIVE OR DESIGNEE OF THE EMPLOYER.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03108-10-4
       S. 2434--D                          2

    1    2.  (A)  EXCEPT  AS  PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IT
    2  SHALL BE UNLAWFUL FOR ANY EMPLOYER TO REQUEST OR REQUIRE ANY EMPLOYEE OR
    3  APPLICANT FOR EMPLOYMENT TO DISCLOSE ANY USER NAME,  PASSWORD  OR  OTHER
    4  MEANS  FOR ACCESSING A PERSONAL ACCOUNT OR SERVICE THROUGH AN ELECTRONIC
    5  COMMUNICATIONS DEVICE.
    6    (B)  AN  EMPLOYER  MAY  REQUIRE AN EMPLOYEE TO DISCLOSE ANY USER NAME,
    7  PASSWORD OR OTHER MEANS FOR ACCESSING NONPERSONAL ACCOUNTS  OR  SERVICES
    8  THAT  PROVIDE  ACCESS TO THE EMPLOYER'S INTERNAL COMPUTER OR INFORMATION
    9  SYSTEMS.
   10    (C) FOR THE PURPOSES OF THIS SECTION, "ACCESS" SHALL  NOT  INCLUDE  AN
   11  EMPLOYEE OR APPLICANT VOLUNTARILY ADDING AN EMPLOYER OR EMPLOYMENT AGEN-
   12  CY  TO  THEIR  LIST  OF  CONTACTS  ASSOCIATED  WITH  A PERSONAL INTERNET
   13  ACCOUNT.
   14    3. AN EMPLOYER MAY NOT:
   15    (A) DISCHARGE,  DISCIPLINE,  OR  OTHERWISE  PENALIZE  OR  THREATEN  TO
   16  DISCHARGE,  DISCIPLINE, OR OTHERWISE PENALIZE AN EMPLOYEE FOR AN EMPLOY-
   17  EE'S REFUSAL TO DISCLOSE ANY INFORMATION SPECIFIED IN PARAGRAPH  (A)  OF
   18  SUBDIVISION TWO OF THIS SECTION; OR
   19    (B)  FAIL  OR  REFUSE  TO HIRE ANY APPLICANT AS A RESULT OF THE APPLI-
   20  CANT'S REFUSAL TO DISCLOSE ANY INFORMATION SPECIFIED IN PARAGRAPH (A) OF
   21  SUBDIVISION TWO OF THIS SECTION.
   22    4. IT SHALL BE AN AFFIRMATIVE DEFENSE TO AN ACTION UNDER THIS  SECTION
   23  THAT  THE EMPLOYER ACTED TO COMPLY WITH REQUIREMENTS OF A FEDERAL LAW OR
   24  A LAW OF THIS STATE.
   25    5. (A) NOTHING IN THIS SECTION SHALL PROHIBIT AN EMPLOYER FROM:
   26    (I) REQUESTING OR REQUIRING AN EMPLOYEE TO DISCLOSE ACCESS INFORMATION
   27  TO AN ACCOUNT, SERVICE, OR NETWORK PROVIDED BY THE EMPLOYER  WHERE  SUCH
   28  ACCOUNT,  SERVICE,  OR  NETWORK  IS  USED  FOR BUSINESS PURPOSES AND THE
   29  EMPLOYEE WAS PROVIDED PRIOR NOTICE OF THE EMPLOYER'S RIGHT TO REQUEST OR
   30  REQUIRE SUCH ACCESS INFORMATION;
   31    (II) ACCESSING AN ELECTRONIC COMMUNICATIONS DEVICE PAID FOR  IN  WHOLE
   32  OR  IN  PART  BY THE EMPLOYER WHERE THE PROVISION OF OR PAYMENT FOR SUCH
   33  ELECTRONIC COMMUNICATIONS DEVICE WAS CONDITIONED ON THE EMPLOYER'S RIGHT
   34  TO ACCESS SUCH DEVICE AND THE EMPLOYEE WAS PROVIDED PRIOR NOTICE OF  AND
   35  EXPLICITLY  AGREED TO SUCH CONDITIONS. HOWEVER, NOTHING IN THIS SUBPARA-
   36  GRAPH SHALL PERMIT AN  EMPLOYER  TO  ACCESS  ANY  PERSONAL  ACCOUNTS  OR
   37  SERVICES ON SUCH DEVICE;
   38    (III)  COMPLYING WITH A COURT ORDER IN OBTAINING OR PROVIDING INFORMA-
   39  TION FROM, OR ACCESS TO, AN EMPLOYEE'S  ACCOUNTS  OR  SERVICES  AS  SUCH
   40  COURT ORDER MAY REQUIRE;
   41    (IV)  RESTRICTING  OR  PROHIBITING  AN  EMPLOYEE'S  ACCESS  TO CERTAIN
   42  WEBSITES WHILE USING AN EMPLOYER'S NETWORK OR WHILE USING AN  ELECTRONIC
   43  COMMUNICATIONS  DEVICE  PAID  FOR IN WHOLE OR PART BY THE EMPLOYER WHERE
   44  THE PROVISION OF OR PAYMENT FOR SUCH ELECTRONIC COMMUNICATIONS    DEVICE
   45  WAS  CONDITIONED ON THE EMPLOYER'S RIGHT TO RESTRICT SUCH ACCESS AND THE
   46  EMPLOYEE WAS PROVIDED PRIOR NOTICE OF  AND  EXPLICITLY  AGREED  TO  SUCH
   47  CONDITIONS.
   48    (B)  THIS  SECTION  DOES  NOT  PROHIBIT  OR  RESTRICT AN EMPLOYER FROM
   49  COMPLYING WITH A DUTY TO SCREEN EMPLOYEES OR APPLICANTS PRIOR TO  HIRING
   50  OR  TO  MONITOR  OR  RETAIN  EMPLOYEE COMMUNICATIONS THAT IS ESTABLISHED
   51  UNDER FEDERAL LAW OR BY A SELF REGULATORY ORGANIZATION,  AS  DEFINED  IN
   52  SECTION  3(A)(26)  OF  THE  SECURITIES  AND EXCHANGE ACT OF 1934, 15 USC
   53  78C(A)(26).
   54    (C) THIS SECTION DOES NOT PROHIBIT OR RESTRICT AN EMPLOYER FROM  VIEW-
   55  ING,  ACCESSING, OR UTILIZING INFORMATION ABOUT AN EMPLOYEE OR APPLICANT
       S. 2434--D                          3

    1  THAT CAN BE OBTAINED WITHOUT ANY REQUIRED ACCESS INFORMATION OR THAT  IS
    2  AVAILABLE IN THE PUBLIC DOMAIN.
    3    S  2. The education law is amended by adding a new section 115 to read
    4  as follows:
    5    S 115. REQUEST FOR ACCESS TO PERSONAL ACCOUNTS OR SERVICES PROHIBITED.
    6  1. FOR PURPOSES OF THIS SECTION, THE  FOLLOWING  WORDS  SHALL  HAVE  THE
    7  FOLLOWING MEANINGS:
    8    (A)  "EDUCATIONAL  INSTITUTION"  MEANS A PUBLIC OR PRIVATE EDUCATIONAL
    9  INSTITUTION OR SEPARATE SCHOOL OR DEPARTMENT  OF  A  PUBLIC  OR  PRIVATE
   10  EDUCATIONAL  INSTITUTION, AND INCLUDES AN ACADEMY; ELEMENTARY OR SECOND-
   11  ARY SCHOOL;  EXTENSION  COURSE;  KINDERGARTEN;  NURSERY  SCHOOL;  SCHOOL
   12  SYSTEM;  SCHOOL  DISTRICT; INTERMEDIATE SCHOOL DISTRICT; BUSINESS, NURS-
   13  ING, PROFESSIONAL, SECRETARIAL, TECHNICAL, OR VOCATIONAL SCHOOL;  PUBLIC
   14  OR PRIVATE EDUCATIONAL TESTING SERVICE OR ADMINISTRATOR; AND AN AGENT OF
   15  AN  EDUCATIONAL  INSTITUTION. EDUCATIONAL INSTITUTION SHALL BE CONSTRUED
   16  BROADLY TO INCLUDE PUBLIC AND PRIVATE INSTITUTIONS OF  HIGHER  EDUCATION
   17  TO THE GREATEST EXTENT CONSISTENT WITH CONSTITUTIONAL LIMITATIONS.
   18    (B)  "ELECTRONIC  COMMUNICATIONS  DEVICE"  MEANS  ANY DEVICE THAT USES
   19  ELECTRONIC SIGNALS TO CREATE, TRANSMIT, AND RECEIVE INFORMATION, INCLUD-
   20  ING, BUT NOT LIMITED TO COMPUTERS, TELEPHONES, PERSONAL DIGITAL  ASSIST-
   21  ANTS AND OTHER SIMILAR DEVICES.
   22    2. IT SHALL BE UNLAWFUL FOR ANY EDUCATIONAL INSTITUTION TO:
   23    (A)  REQUEST OR REQUIRE ANY STUDENT OR PROSPECTIVE STUDENT TO DISCLOSE
   24  ANY USER NAME, PASSWORD OR OTHER MEANS FOR ACCESSING A PERSONAL  ACCOUNT
   25  OR SERVICE THROUGH AN ELECTRONIC COMMUNICATIONS DEVICE; OR
   26    (B)  EXPEL, DISCIPLINE, FAIL TO ADMIT, OR OTHERWISE PENALIZE A STUDENT
   27  OR PROSPECTIVE STUDENT FOR FAILURE TO GRANT ACCESS TO, ALLOW OBSERVATION
   28  OF, OR DISCLOSE INFORMATION THAT ALLOWS ACCESS TO OR OBSERVATION OF  THE
   29  STUDENT'S OR PROSPECTIVE STUDENT'S PERSONAL INTERNET ACCOUNT.
   30    (C)  FOR  THE  PURPOSES OF THIS SECTION, "ACCESS" SHALL NOT INCLUDE AN
   31  EMPLOYEE OR APPLICANT VOLUNTARILY ADDING AN EMPLOYER OR EMPLOYMENT AGEN-
   32  CY TO THEIR  LIST  OF  CONTACTS  ASSOCIATED  WITH  A  PERSONAL  INTERNET
   33  ACCOUNT.
   34    3. NOTHING IN THIS SECTION PROHIBITS AN EDUCATIONAL INSTITUTION FROM:
   35    (A) ACCESSING AN ELECTRONIC COMMUNICATIONS DEVICE PAID FOR IN WHOLE OR
   36  IN PART BY THE EDUCATIONAL INSTITUTION WHERE THE PROVISION OF OR PAYMENT
   37  FOR  SUCH ELECTRONIC COMMUNICATIONS DEVICE WAS CONDITIONED ON THE EDUCA-
   38  TIONAL INSTITUTION'S RIGHT TO ACCESS SUCH DEVICE  AND  THE  STUDENT  WAS
   39  PROVIDED  PRIOR  NOTICE  OF  AND  EXPLICITLY  AGREED TO SUCH CONDITIONS.
   40  HOWEVER, NOTHING IN THIS PARAGRAPH SHALL PERMIT AN EDUCATIONAL  INSTITU-
   41  TION TO ACCESS ANY PERSONAL ACCOUNTS OR SERVICES ON SUCH DEVICE; OR
   42    (B)  REQUESTING  OR REQUIRING A STUDENT TO DISCLOSE ACCESS INFORMATION
   43  TO AN ACCOUNT OR SERVICE PROVIDED BY THE EDUCATIONAL  INSTITUTION  WHERE
   44  SUCH ACCOUNT OR SERVICE IS USED FOR EDUCATIONAL PURPOSES AND THE STUDENT
   45  WAS  PROVIDED  PRIOR  NOTICE  OF  THE EDUCATIONAL INSTITUTION'S RIGHT TO
   46  REQUEST OR REQUIRE SUCH ACCESS INFORMATION.
   47    4. THIS SECTION SHALL NOT PROHIBIT OR RESTRICT AN EDUCATIONAL INSTITU-
   48  TION FROM VIEWING, ACCESSING, OR UTILIZING INFORMATION ABOUT  A  STUDENT
   49  OR  APPLICANT  THAT CAN BE OBTAINED WITHOUT ANY REQUIRED ACCESS INFORMA-
   50  TION OR THAT IS AVAILABLE IN THE PUBLIC DOMAIN.
   51    5. IT IS AN AFFIRMATIVE DEFENSE TO AN ACTION UNDER THIS  SECTION  THAT
   52  THE  EDUCATIONAL  INSTITUTION  ACTED  TO  COMPLY  WITH REQUIREMENTS OF A
   53  FEDERAL LAW OR A LAW OF THIS STATE.
   54    S 3. This act shall take effect on the one hundred eightieth day after
   55  it shall have become a law.
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