Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to labor |
Feb 06, 2017 |
referred to labor |
Senate Bill S4167
2017-2018 Legislative Session
Sponsored By
(D, WF) 28th Senate District
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
Actions
2017-S4167 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A192
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §215-d, Lab L
- Versions Introduced in 2015-2016 Legislative Session:
-
S3927, A2891
2017-S4167 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4167 TITLE OF BILL : An act to amend the labor law, in relation to protecting the privacy of employees' and prospective employees' social media accounts PURPOSE OR GENERAL IDEA OF BILL : To prohibit employers or their agents from invading the privacy of their employees or prospective employees by requiring them to disclose passwords, user names, or other information connected to social media and other personal accounts. SUMMARY OF PROVISIONS : 1, subdivision 1 amends the labor law by adding a new section, 215-d: Invasion of Privacy By an Employer Against an Employee or Prospective Employee. This section defines an applicant as an applicant for employment; defines electronic communications device as any device which uses electronic signals to create, transmit, and receive information; and includes, but is not limited to, computers, telephones, personal digital assistants, and other similar devices. Subdivision 2 prohibits an employer or their agents from requiring an employee or job applicant to disclose any log-in name, password, or
2017-S4167 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4167 2017-2018 Regular Sessions I N S E N A T E 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: Section 1. The labor law is amended by adding a new section 215-d to read as follows: § 215-D. INVASION OF PRIVACY BY AN EMPLOYER AGAINST AN EMPLOYEE OR PROSPECTIVE EMPLOYEE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION: (A) "APPLICANT" MEANS AN APPLICANT FOR EMPLOYMENT. (B) "ELECTRONIC COMMUNICATIONS DEVICE" MEANS ANY DEVICE THAT USES ELECTRONIC SIGNALS TO CREATE, TRANSMIT AND RECEIVE INFORMATION, AND SHALL INCLUDE BUT NOT BE LIMITED TO, COMPUTERS, TELEPHONES, PERSONAL DIGITAL ASSISTANTS AND OTHER SIMILAR DEVICES. 2. (A) AN EMPLOYER, EMPLOYER'S AGENT OR REPRESENTATIVE, OR ITS DESIG- NEE SHALL NOT REQUIRE ANY EMPLOYEE OR APPLICANT TO DISCLOSE ANY LOG-IN NAME, PASSWORD OR OTHER MEANS FOR ACCESSING A PERSONAL ACCOUNT OR SERVICE THROUGH AN ELECTRONIC COMMUNICATIONS DEVICE. (B) AN EMPLOYER, EMPLOYER'S AGENT OR REPRESENTATIVE, OR ITS DESIGNEE MAY REQUIRE AN EMPLOYEE TO DISCLOSE ANY LOG-IN NAME, PASSWORD OR OTHER MEANS FOR ACCESSING NON-PERSONAL ACCOUNTS OR SERVICES THAT PROVIDE ACCESS TO THE EMPLOYER'S INTERNAL COMPUTER OR INFORMATION SYSTEMS. 3. AN EMPLOYER, EMPLOYER'S AGENT OR REPRESENTATIVE, OR ITS DESIGNEE SHALL NOT: (A) TERMINATE, DISCIPLINE OR OTHERWISE PENALIZE AN EMPLOYEE, OR THREATEN TO TERMINATE, DISCIPLINE OR OTHERWISE PENALIZE AN EMPLOYEE FOR THE EMPLOYEE'S REFUSAL TO DISCLOSE ANY INFORMATION IN VIOLATION OF 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
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