NY State Senate Bill 2015-S6871

Senate Bill S6871

2015-2016 Legislative Session

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

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2016	referred to labor

2015-S6871 (ACTIVE) - Details

See Assembly Version of this Bill:: A4388
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §201-g, Lab L; add §115, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6831, A9654
2013-2014: S2434, A443
2017-2018: S1573, A5485
2019-2020: S5544, A2479
2021-2022: S615, A1861
2023-2024: S2518, A836

2015-S6871 (ACTIVE) - Summary

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

2015-S6871 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6871

 TITLE OF BILL :  An act to amend the labor law and the education law,
in relation to prohibiting an employer or educational institution from
requesting or requiring that an employee, applicant or student
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 and educational institutions from
requesting or requiring user name and login information including
passwords as a condition of hiring, employment status, for use in
disciplinary actions, as well as admission decision or enrollment
status.

 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. This section also allows for specific exemptions to the law
when employers would be allowed to request the information.

Section 2 amends the labor law by adding a new section 115 which would

prohibit educational institutions as defined by the section, from
requesting or requiring access to personal electronic communication
accounts of prospective of current students. This section also allows
for specific exemptions to the law when educational institutions would
be allowed to request the information.

Section 3 sets the effective date.

 JUSTIFICATION :

Employers and educational institutions, universities in particular,
are beginning to use various types of new tools in decisions dealing
with the hiring, admittance and acceptance, and disciplinary actions
regarding prospective and current employees and students. Recently,
there have been reports of employers demanding login information,
including username 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 or acceptance to a college, 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 and admissions practices and constitutes a serious invasion of
privacy on the behalf of the employer or school. 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, classroom, or during an interview or
admissions process. 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 and admissions
practices.

 PRIOR LEGISLATIVE HISTORY :

2013-14- A.443-D- Passed Assembly/S.2434-D- Advanced to Third Reading
Cal.
2011-12- A.9654- Passed Assembly/S.6831- Referred to Labor

 FISCAL IMPLICATIONS :

None to the State.

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

2015-S6871 (ACTIVE) - Bill Text download pdf

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

                                  6871

                            I N  S E N A T E

                              March 2, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law and the  education  law,  in  relation  to
  prohibiting  an employer or educational institution from requesting or
  requiring that an employee, applicant or  student  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 AND 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.
  (C)  FOR  THE  PURPOSES OF THIS SECTION, "ACCESS" SHALL NOT INCLUDE AN
EMPLOYEE OR APPLICANT VOLUNTARILY ADDING AN EMPLOYER OR EMPLOYMENT AGEN-

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

                                                           LBD01077-02-5

S. 6871                             2

CY TO THEIR  LIST  OF  CONTACTS  ASSOCIATED  WITH  A  PERSONAL  INTERNET
ACCOUNT.
  3. AN EMPLOYER MAY NOT:
  (A)  DISCHARGE,  DISCIPLINE,  OR  OTHERWISE  PENALIZE  OR  THREATEN TO
DISCHARGE, DISCIPLINE, OR OTHERWISE PENALIZE AN EMPLOYEE FOR AN  EMPLOY-
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.
  4.  IT SHALL BE AN AFFIRMATIVE DEFENSE TO AN ACTION UNDER THIS SECTION
THAT THE EMPLOYER ACTED TO COMPLY WITH REQUIREMENTS OF A FEDERAL LAW  OR
A LAW OF THIS STATE.
  5. (A) NOTHING IN THIS SECTION SHALL PROHIBIT AN EMPLOYER FROM:
  (I) REQUESTING OR REQUIRING AN EMPLOYEE TO DISCLOSE ACCESS INFORMATION
TO  AN  ACCOUNT, SERVICE, OR NETWORK PROVIDED BY THE EMPLOYER WHERE SUCH
ACCOUNT, SERVICE, OR NETWORK IS  USED  FOR  BUSINESS  PURPOSES  AND  THE
EMPLOYEE WAS PROVIDED PRIOR NOTICE OF THE EMPLOYER'S RIGHT TO REQUEST OR
REQUIRE SUCH ACCESS INFORMATION;
  (II)  ACCESSING  AN ELECTRONIC COMMUNICATIONS DEVICE PAID FOR IN WHOLE
OR IN PART BY THE EMPLOYER WHERE THE PROVISION OF OR  PAYMENT  FOR  SUCH
ELECTRONIC COMMUNICATIONS DEVICE WAS CONDITIONED ON THE EMPLOYER'S RIGHT
TO  ACCESS SUCH DEVICE AND THE EMPLOYEE WAS PROVIDED PRIOR NOTICE OF AND
EXPLICITLY AGREED TO SUCH CONDITIONS. HOWEVER, NOTHING IN THIS  SUBPARA-
GRAPH  SHALL  PERMIT  AN  EMPLOYER  TO  ACCESS  ANY PERSONAL ACCOUNTS OR
SERVICES ON SUCH DEVICE;
  (III) COMPLYING WITH A COURT ORDER IN OBTAINING OR PROVIDING  INFORMA-
TION  FROM,  OR  ACCESS  TO,  AN EMPLOYEE'S ACCOUNTS OR SERVICES AS SUCH
COURT ORDER MAY REQUIRE;
  (IV) RESTRICTING  OR  PROHIBITING  AN  EMPLOYEE'S  ACCESS  TO  CERTAIN
WEBSITES  WHILE USING AN EMPLOYER'S NETWORK OR WHILE USING AN ELECTRONIC
COMMUNICATIONS DEVICE PAID FOR IN WHOLE OR PART BY  THE  EMPLOYER  WHERE
THE  PROVISION  OF OR PAYMENT FOR SUCH ELECTRONIC COMMUNICATIONS  DEVICE
WAS CONDITIONED ON THE EMPLOYER'S RIGHT TO RESTRICT SUCH ACCESS AND  THE
EMPLOYEE  WAS  PROVIDED  PRIOR  NOTICE  OF AND EXPLICITLY AGREED TO SUCH
CONDITIONS.
  (B) THIS SECTION DOES  NOT  PROHIBIT  OR  RESTRICT  AN  EMPLOYER  FROM
COMPLYING  WITH A DUTY TO SCREEN EMPLOYEES OR APPLICANTS PRIOR TO HIRING
OR TO MONITOR OR RETAIN  EMPLOYEE  COMMUNICATIONS  THAT  IS  ESTABLISHED
UNDER  FEDERAL  LAW  OR BY A SELF REGULATORY ORGANIZATION, AS DEFINED IN
SECTION 3(A)(26) OF THE SECURITIES AND EXCHANGE  ACT  OF  1934,  15  USC
78C(A)(26).
  (C)  THIS SECTION DOES NOT PROHIBIT OR RESTRICT AN EMPLOYER FROM VIEW-
ING, ACCESSING, OR UTILIZING INFORMATION ABOUT AN EMPLOYEE OR  APPLICANT
THAT  CAN BE OBTAINED WITHOUT ANY REQUIRED ACCESS INFORMATION OR THAT IS
AVAILABLE IN THE PUBLIC DOMAIN.
  S 2. The education law is amended by adding a new section 115 to  read
as follows:
  S 115. REQUEST FOR ACCESS TO PERSONAL ACCOUNTS OR SERVICES PROHIBITED.
1.  FOR  PURPOSES  OF  THIS  SECTION, THE FOLLOWING WORDS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "EDUCATIONAL INSTITUTION" MEANS A PUBLIC  OR  PRIVATE  EDUCATIONAL
INSTITUTION  OR  SEPARATE  SCHOOL  OR  DEPARTMENT OF A PUBLIC OR PRIVATE
EDUCATIONAL INSTITUTION, AND INCLUDES AN ACADEMY; ELEMENTARY OR  SECOND-
ARY  SCHOOL;  EXTENSION  COURSE;  KINDERGARTEN;  NURSERY  SCHOOL; SCHOOL
SYSTEM; SCHOOL DISTRICT; INTERMEDIATE SCHOOL DISTRICT;  BUSINESS,  NURS-

S. 6871                             3

ING,  PROFESSIONAL, SECRETARIAL, TECHNICAL, OR VOCATIONAL SCHOOL; PUBLIC
OR PRIVATE EDUCATIONAL TESTING SERVICE OR ADMINISTRATOR; AND AN AGENT OF
AN EDUCATIONAL INSTITUTION. EDUCATIONAL INSTITUTION SHALL  BE  CONSTRUED
BROADLY  TO  INCLUDE PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION
TO THE GREATEST EXTENT CONSISTENT WITH CONSTITUTIONAL LIMITATIONS.
  (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.
  2. IT SHALL BE UNLAWFUL FOR ANY EDUCATIONAL INSTITUTION TO:
  (A) REQUEST OR REQUIRE ANY STUDENT OR PROSPECTIVE STUDENT TO  DISCLOSE
ANY  USER  NAME  AND  PASSWORD  OR  OTHER MEANS FOR ACCESSING A PERSONAL
ACCOUNT OR SERVICE THROUGH AN ELECTRONIC COMMUNICATIONS DEVICE; OR
  (B) EXPEL, DISCIPLINE, FAIL TO ADMIT, OR OTHERWISE PENALIZE A  STUDENT
OR PROSPECTIVE STUDENT FOR FAILURE TO GRANT ACCESS TO, ALLOW OBSERVATION
OF,  OR DISCLOSE INFORMATION THAT ALLOWS ACCESS TO OR OBSERVATION OF THE
STUDENT'S OR PROSPECTIVE STUDENT'S PERSONAL INTERNET ACCOUNT.
  (C) FOR THE PURPOSES OF THIS SECTION, "ACCESS" SHALL  NOT  INCLUDE  AN
EMPLOYEE OR APPLICANT VOLUNTARILY ADDING AN EMPLOYER OR EMPLOYMENT AGEN-
CY  TO  THEIR  LIST  OF  CONTACTS  ASSOCIATED  WITH  A PERSONAL INTERNET
ACCOUNT.
  3. NOTHING IN THIS SECTION PROHIBITS AN EDUCATIONAL INSTITUTION FROM:
  (A) ACCESSING AN ELECTRONIC COMMUNICATIONS DEVICE PAID FOR IN WHOLE OR
IN PART BY THE EDUCATIONAL INSTITUTION WHERE THE PROVISION OF OR PAYMENT
FOR SUCH ELECTRONIC COMMUNICATIONS DEVICE WAS CONDITIONED ON THE  EDUCA-
TIONAL  INSTITUTION'S  RIGHT  TO  ACCESS SUCH DEVICE AND THE STUDENT WAS
PROVIDED PRIOR NOTICE OF  AND  EXPLICITLY  AGREED  TO  SUCH  CONDITIONS.
HOWEVER,  NOTHING IN THIS PARAGRAPH SHALL PERMIT AN EDUCATIONAL INSTITU-
TION TO ACCESS ANY PERSONAL ACCOUNTS OR SERVICES ON SUCH DEVICE; OR
  (B) REQUESTING OR REQUIRING A STUDENT TO DISCLOSE  ACCESS  INFORMATION
TO  AN  ACCOUNT OR SERVICE PROVIDED BY THE EDUCATIONAL INSTITUTION WHERE
SUCH ACCOUNT OR SERVICE IS USED FOR EDUCATIONAL PURPOSES AND THE STUDENT
WAS PROVIDED PRIOR NOTICE OF  THE  EDUCATIONAL  INSTITUTION'S  RIGHT  TO
REQUEST OR REQUIRE SUCH ACCESS INFORMATION.
  4. THIS SECTION SHALL NOT PROHIBIT OR RESTRICT AN EDUCATIONAL INSTITU-
TION  FROM  VIEWING, ACCESSING, OR UTILIZING INFORMATION ABOUT A STUDENT
OR APPLICANT THAT CAN BE OBTAINED WITHOUT ANY REQUIRED  ACCESS  INFORMA-
TION OR THAT IS AVAILABLE IN THE PUBLIC DOMAIN.
  5.  IT  IS AN AFFIRMATIVE DEFENSE TO AN ACTION UNDER THIS SECTION THAT
THE EDUCATIONAL INSTITUTION ACTED  TO  COMPLY  WITH  REQUIREMENTS  OF  A
FEDERAL LAW OR A LAW OF THIS STATE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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