NY State Senate Bill 2011-S6831

Senate Bill S6831

2011-2012 Legislative Session

Prohibits an employer from requesting that an employee or applicant disclose any means for accessing an electronic personal account or service

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Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 27, 2012	referred to labor

co-Sponsors

2011-S6831 (ACTIVE) - Details

See Assembly Version of this Bill:: A9654
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §201-g, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2434, A443
2015-2016: S6871, A4388
2017-2018: S1573, A5485
2019-2020: S5544, A2479
2021-2022: S615, A1861
2023-2024: S2518, A836

2011-S6831 (ACTIVE) - Summary

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

2011-S6831 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6831

TITLE OF BILL:
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 or service through specified
electronic communications devices

PURPOSE OR GENERAL IDEA OF BILL:
This bill would prohibit employers
for requesting or requiring user name and log in information including
passwords as a condition of hiring and/or employment status as well
as for use in disciplinary actions.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the labor law by adding a new section, 201-g that
would prohibit employers from requesting or requiring access to
personal electronic communication accounts of prospective or current
employees.

Section 2 sets the effective date.

JUSTIFICATION:

Employers are beginning to use various types of new
tools in decisions dealing with the hiring and disciplinary actions
regarding prospective and current employees. Recently, there have
been reports of employers demanding log in information, including
user name and password information to popular social media websites
such as Facebook, Twitter as well as login information to email
accounts and other extremely personal accounts. This information is
being used as a condition of hiring, as well as promotions, lateral
movement within companies and in matters relating to disciplinary
action including, but not limited to, firing of individuals.

This type of request can lead to issues of unfair and discriminatory
hiring practices and constitutes a serious invasion of privacy on the
behalf of the employer. Employees have the right to make this
information either public or private through the websites and they
should have every right to maintain this privacy when it comes their
work place or during an interview. In these economic times many
people do not have the option to walk away from a job and are forced
to submit to this request for fear they will not be hired otherwise.
This bill would remedy this issue and leave consumers with their
right to privacy and reduce the risk of unfair and discriminatory
hiring practices by employers

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect on the 180th day after it
shall have become law.

2011-S6831 (ACTIVE) - Bill Text download pdf

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

                                  6831

                            I N  S E N A T E

                             March 27, 2012
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI -- 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  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 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:

  Section 1.  The labor law is amended by adding a new section 201-g  to
read as follows:
  S 201-G. REQUEST FOR ACCESS TO PERSONAL ACCOUNTS OR SERVICES PROHIBIT-
ED.  1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "APPLICANT" MEANS AN APPLICANT FOR EMPLOYMENT.
  (B) "ELECTRONIC COMMUNICATIONS DEVICE"  MEANS  ANY  DEVICE  THAT  USES
ELECTRONIC SIGNALS TO CREATE, TRANSMIT, AND RECEIVE INFORMATION, INCLUD-
ING,  BUT NOT LIMITED TO COMPUTERS, TELEPHONES, PERSONAL DIGITAL ASSIST-
ANTS AND OTHER SIMILAR DEVICES.
  (C) "EMPLOYER" MEANS (I) A PERSON OR ENTITY  ENGAGED  IN  A  BUSINESS,
INDUSTRY,  PROFESSION, TRADE OR OTHER ENTERPRISE IN THE STATE; OR (II) A
UNIT OF STATE OR LOCAL GOVERNMENT; AND (III)  SHALL  INCLUDE  AN  AGENT,
REPRESENTATIVE OR DESIGNEE OF THE EMPLOYER.
  2.  (A)  EXCEPT  AS  PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IT
SHALL BE UNLAWFUL FOR ANY EMPLOYER TO REQUEST OR REQUIRE ANY EMPLOYEE OR
APPLICANT FOR EMPLOYMENT TO DISCLOSE ANY USER NAME,  PASSWORD  OR  OTHER
MEANS  FOR ACCESSING A PERSONAL ACCOUNT OR SERVICE THROUGH AN ELECTRONIC
COMMUNICATIONS DEVICE.
  (B) AN EMPLOYER MAY REQUIRE AN EMPLOYEE TO  DISCLOSE  ANY  USER  NAME,
PASSWORD  OR  OTHER MEANS FOR ACCESSING NONPERSONAL ACCOUNTS OR SERVICES
THAT PROVIDE ACCESS TO THE EMPLOYER'S INTERNAL COMPUTER  OR  INFORMATION
SYSTEMS.
  3. AN EMPLOYER MAY NOT:
  (A)  DISCHARGE,  DISCIPLINE,  OR  OTHERWISE  PENALIZE  OR  THREATEN TO
DISCHARGE, DISCIPLINE, OR OTHERWISE PENALIZE AN EMPLOYEE FOR AN  EMPLOY-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15131-01-2

S. 6831                             2

EE'S  REFUSAL  TO DISCLOSE ANY INFORMATION SPECIFIED IN PARAGRAPH (A) OF
SUBDIVISION TWO OF THIS SECTION; OR
  (B)  FAIL  OR  REFUSE  TO HIRE ANY APPLICANT AS A RESULT OF THE APPLI-
CANT'S REFUSAL TO DISCLOSE ANY INFORMATION SPECIFIED IN PARAGRAPH (A) OF
SUBDIVISION TWO OF THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S6831

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Sponsored By

Jeffrey D. Klein