New York State Assembly

 
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A02479 Summary:

A02479 Actions:

A02479 Committee Votes:

Committee:LABOR   Chair:Crespo      
DATE:06/04/2019AYE/NAY:27/1  Action: Favorable refer to committee Codes        
Crespo
Aye
Brabenec
Aye
Abbate
Aye
DiPietro
Nay
Perry
Aye
Byrne
Aye
Ortiz
Aye
Morinello
Aye
Colton
Aye
Lawrence
Aye
Benedetto
Aye
DeStefano
Aye
Hevesi
Aye
Manktelow
Aye
Miller
Aye
Schmitt
Aye
Bronson
Aye
Rodriguez
Aye
DenDekker
Aye
Rozic
Aye
Simon
Aye
Steck
Aye
Joyner
Absent
Barnwell
Aye
Richardson
Aye
Rosenthal
Aye
Cruz
Aye
Reyes
Aye
De La Rosa
Aye

Committee:CODES   Chair:Lentol      
DATE:06/11/2019AYE/NAY:21/1  Action: Favorable refer to committee Rules        
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Benedetto
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
De La Rosa
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/13/2019AYE/NAY:26/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Excused
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Excused
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Excused
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye

A02479 Floor Votes:

A02479 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2479--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by M. of A. DINOWITZ, L. ROSENTHAL, MOSLEY, GALEF, ABINANTI,
          JAFFEE, FAHY, COLTON, CRESPO, ORTIZ, WEPRIN, LAVINE, ARROYO --  Multi-
          Sponsored  by  --  M.  of A. COOK, GOTTFRIED, HYNDMAN -- read once and
          referred to the Committee  on  Labor  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the labor law, in relation to  prohibiting  an  employer
          from  requesting  or  requiring that an employee or applicant disclose
          any user name, password, or  other  means  for  accessing  a  personal
          account 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-h  to
     2  read as follows:
     3    §  201-h.  Request  for access to personal accounts prohibited. 1. For
     4  purposes of this section, the following words shall have  the  following
     5  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.
    15    (d) "Personal account" means an account or profile  on  an  electronic
    16  medium  where  users may create, share, and view user-generated content,
    17  including uploading or downloading videos or still  photographs,  blogs,
    18  video  blogs,  podcasts, instant messages, or Internet Web site profiles

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01244-02-9
        A. 2479--A                          2
 
     1  or locations that is used by an employee or an applicant exclusively for
     2  personal purposes.
     3    2.  (a)  Except  as  provided in paragraph (b) of this subdivision, it
     4  shall be unlawful for any employer to request,  require  or  coerce  any
     5  employee or applicant for employment to:
     6    (i)  disclose any user name and password, password, or other authenti-
     7  cation information for accessing a personal account through an electron-
     8  ic communications device;
     9    (ii) access the employee's or  applicant's  personal  account  in  the
    10  presence of the employer;
    11    (iii) reproduce in any manner photographs, video, or other information
    12  contained within a personal account.
    13    (b)  An  employer  may  require an employee to disclose any user name,
    14  password or other means for accessing nonpersonal accounts that  provide
    15  access to the employer's internal computer or information systems.
    16    (c)  For  the  purposes of this section, "access" shall not include an
    17  employee or applicant voluntarily adding an employer or employment agen-
    18  cy to their  list  of  contacts  associated  with  a  personal  internet
    19  account.
    20    3. An employer may not:
    21    (a)  Discharge,  discipline,  or  otherwise  penalize  or  threaten to
    22  discharge, discipline, or otherwise penalize an employee for an  employ-
    23  ee's  refusal  to disclose any information specified in paragraph (a) of
    24  subdivision two of this section; or
    25    (b) Fail or refuse to hire any applicant as a  result  of  the  appli-
    26  cant's refusal to disclose any information specified in paragraph (a) of
    27  subdivision two of this section.
    28    4.  It shall be an affirmative defense to an action under this section
    29  that the employer acted to comply with requirements of a federal,  state
    30  or local law.
    31    5. (a) Nothing in this section shall prohibit an employer from:
    32    (i) requesting or requiring an employee to disclose access information
    33  to  an  account  provided by the employer where such account is used for
    34  business purposes and the employee was  provided  prior  notice  of  the
    35  employer's right to request or require such access information;
    36    (ii)  requesting  or requiring an employee to disclose access informa-
    37  tion to an account  known  to  an  employer  to  be  used  for  business
    38  purposes;
    39    (iii)  accessing an electronic communications device paid for in whole
    40  or in part by the employer where the provision of or  payment  for  such
    41  electronic communications device was conditioned on the employer's right
    42  to  access such device and the employee was provided prior notice of and
    43  explicitly agreed to such conditions. However, nothing in this  subpara-
    44  graph  shall  permit an employer to access any personal accounts on such
    45  device;
    46    (iv) complying with a court order in obtaining or  providing  informa-
    47  tion  from, or access to, an employee's accounts as such court order may
    48  require;
    49    (v)  restricting  or  prohibiting  an  employee's  access  to  certain
    50  websites  while using an employer's network or while using an electronic
    51  communications device paid for in whole or part by  the  employer  where
    52  the  provision  of or payment for such electronic communications  device
    53  was conditioned on the employer's right to restrict such access and  the
    54  employee  was  provided  prior  notice  of and explicitly agreed to such
    55  conditions.
        A. 2479--A                          3
 
     1    (b) This section does  not  prohibit  or  restrict  an  employer  from
     2  complying  with a duty to screen employees or applicants prior to hiring
     3  or to monitor or retain  employee  communications  that  is  established
     4  under  federal  law  or by a self regulatory organization, as defined in
     5  section  3(a)(26)  of  the  securities  and exchange act of 1934, 15 USC
     6  §78c(a)(26).
     7    (c) This section does not prohibit or restrict an employer from  view-
     8  ing,  accessing, or utilizing information about an employee or applicant
     9  that can be obtained without any required access information or that  is
    10  available in the public domain.
    11    6.  The provisions of this section shall not apply to any law enforce-
    12  ment agency, a fire department or a department of corrections and commu-
    13  nity supervision.
    14    § 2. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law.