STATE OF NEW YORK
________________________________________________________________________
10396
IN ASSEMBLY
May 25, 2012
___________
Introduced by M. of A. CLARK -- read once and referred 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 § 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
24 (b) fail or refuse to hire any applicant as a result of the appli-
25 cant's refusal to provide any information in violation of subdivision
26 two of this section.
27 4. (a) Where a violation of this section is alleged to have occurred,
28 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
A. 10396 2
1 New York for an order enjoining or restraining the commission or contin-
2 uance of the alleged unlawful acts. In any such proceeding, the court
3 may impose a civil penalty in the amount of three hundred dollars for
4 the first violation and five hundred dollars for each subsequent
5 violation.
6 (b) In addition to any other penalties or actions otherwise applicable
7 pursuant to this chapter, where a violation of this section is alleged
8 to have occurred, an aggrieved individual may commence an action for
9 equitable relief and damages.
10 § 2. This act shall take effect immediately.
