NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10591
SPONSOR: Rules (Rosenthal L) TITLE OF BILL:
An act to amend the labor law, in relation to prohibiting employers from
requiring access to social media accounts of applicants and current
employees
PURPOSE:
This legislation will protect employee privacy by prohibiting employers
from requesting or requiring access to employees' social media accounts.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the labor law by adding a new section 201-h.
Section two establishes the effective date.
JUSTIFICATION:
Seven in ten Americans now use some type of social media, a number that
has been steadily increasing over the last decade. Adults of all ages
are now using social media to stay in contact with friends and family,
share photos, monitor news and more. Many even use their social media
profiles for work-related activities, which an employer may wish to
monitor. In addition, an employee's online behavior may reflect on the
employer. With the increase in social media use, lines between work and
home life have become increasingly blurred and employers may overstep
these boundaries by attempting to monitor an employee's social media
use.
Twenty-five states have already enacted laws prohibiting employers from
requesting or requiring employees provide them with social media user-
names, passwords, or otherwise provide access to their accounts. This
legislation will similarly protect employee privacy by prohibiting an
employer from seeking, requesting, or requiring any employee or appli-
cant from providing information related to their social media accounts,
including usernames, passwords, or the contents of such accounts.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
