STATE OF NEW YORK
________________________________________________________________________
4167
2017-2018 Regular Sessions
IN SENATE
February 6, 2017
___________
Introduced by Sen. 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 § 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.
LBD01580-01-7
S. 4167 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 5. This section does not prohibit or restrict an employer from comply-
11 ing with a duty to screen employees or applicants prior to hiring or to
12 monitor or retain employee communications that is established under
13 federal or state law or by a self-regulatory organization, as defined in
14 section 3(a)(26) of the Securities and Exchange Act of 1934, 15 USC
15 78c(a)(26).
16 § 2. This act shall take effect immediately.
