NY State Senate Bill 2019-S5544A

Senate Bill S5544A

2019-2020 Legislative Session

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

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
Jan 08, 2020	referred to labor
Jun 05, 2019	print number 5544a
Jun 05, 2019	amend (t) and recommit to labor
May 06, 2019	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S5544 - Details

See Assembly Version of this Bill:: A2479
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §201-h, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6831, A9654
2013-2014: S2434, A443
2015-2016: S6871, A4388
2017-2018: S1573, A5485
2021-2022: S615, A1861
2023-2024: S2518, A836

2019-S5544 - 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.

2019-S5544 - Sponsor Memo

                                
 
BILL NUMBER: S5544

SPONSOR: RAMOS
 
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
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 pass-
words as a condition of hiring, employment status, for use in discipli-
nary 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-h that would
prohibit employers from requesting or requiring access to personal elec-
tronic 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 regard-
ing 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 discipli-
nary 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 admis-
sions 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:

2017-18- A.5485 Third Reading Calendar/S.I573A - Referred to Labor
2015-16- A.4388- Advanced to Third Reading Calendar/ S.6871- Referred to
Labor
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.

2019-S5544 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5544
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 6, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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
   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-h to
 read as follows:
   § 201-H. REQUEST FOR ACCESS TO PERSONAL ACCOUNTS  PROHIBITED.  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.
   (D)  "PERSONAL  ACCOUNT"  MEANS AN ACCOUNT OR PROFILE ON AN ELECTRONIC
 MEDIUM WHERE USERS MAY CREATE, SHARE, AND VIEW  USER-GENERATED  CONTENT,
 INCLUDING  UPLOADING  OR DOWNLOADING VIDEOS OR STILL PHOTOGRAPHS, BLOGS,
 VIDEO BLOGS, PODCASTS, INSTANT MESSAGES, OR INTERNET WEB  SITE  PROFILES
 OR LOCATIONS THAT IS USED BY AN EMPLOYEE OR AN APPLICANT EXCLUSIVELY FOR
 PERSONAL PURPOSES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01244-01-9

 S. 5544                             2
 
   2.  (A)  EXCEPT  AS  PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IT
 SHALL BE UNLAWFUL FOR ANY EMPLOYER TO REQUEST,  REQUIRE  OR  COERCE  ANY
 EMPLOYEE OR APPLICANT FOR EMPLOYMENT:
   (I)  DISCLOSE ANY USER NAME AND PASSWORD, PASSWORD, OR OTHER AUTHENTI-
 CATION INFORMATION FOR ACCESSING A PERSONAL ACCOUNT THROUGH AN ELECTRON-
 IC COMMUNICATIONS DEVICE;
   (II) ACCESS THE EMPLOYEE'S OR  APPLICANT'S  PERSONAL  ACCOUNT  IN  THE
 PRESENCE OF THE EMPLOYER;
   (III) REPRODUCE IN ANY MANNER PHOTOGRAPHS, VIDEO, OR OTHER INFORMATION
 CONTAINED WITHIN A PERSONAL ACCOUNT.
   (B)  AN  EMPLOYER  MAY  REQUIRE AN EMPLOYEE TO DISCLOSE ANY USER NAME,
 PASSWORD OR OTHER MEANS FOR ACCESSING NONPERSONAL ACCOUNTS 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-
 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,  STATE
 OR LOCAL LAW.
   5. (A) NOTHING IN THIS SECTION SHALL PROHIBIT AN EMPLOYER FROM:
   (I) REQUESTING OR REQUIRING AN EMPLOYEE TO DISCLOSE ACCESS INFORMATION
 TO  AN  ACCOUNT  PROVIDED BY THE EMPLOYER WHERE SUCH ACCOUNT 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)  REQUESTING  OR REQUIRING AN EMPLOYEE TO DISCLOSE ACCESS INFORMA-
 TION TO AN ACCOUNT  KNOWN  TO  AN  EMPLOYER  TO  BE  USED  FOR  BUSINESS
 PURPOSES;
   (III)  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 ON SUCH
 DEVICE;
   (IV) COMPLYING WITH A COURT ORDER IN OBTAINING OR  PROVIDING  INFORMA-
 TION  FROM, OR ACCESS TO, AN EMPLOYEE'S ACCOUNTS AS SUCH COURT ORDER MAY
 REQUIRE;
   (V)  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

 S. 5544                             3
 
 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.
   6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY LAW  ENFORCE-
 MENT AGENCY, A FIRE DEPARTMENT OR A DEPARTMENT OF CORRECTIONS AND COMMU-
 NITY SUPERVISION.
   §  2. The education law is amended by adding a new section 115 to read
 as follows:
   § 115. REQUEST FOR ACCESS TO  PERSONAL  ACCOUNTS  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-
 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.
   (C) "PERSONAL ACCOUNT" MEANS AN ACCOUNT OR PROFILE  ON  AN  ELECTRONIC
 MEDIUM  WHERE  USERS MAY CREATE, SHARE, AND VIEW USER-GENERATED CONTENT,
 INCLUDING UPLOADING OR DOWNLOADING VIDEOS OF STILL  PHOTOGRAPHS,  BLOGS,
 VIDEO BLOGS, PODCASTS, INSTANT MESSAGES, OR INTERNET WEBSITE PROFILES OR
 LOCATIONS  THAT  IS USED BY A STUDENT OR A PROSPECTIVE STUDENT PRIMARILY
 FOR PERSONAL PURPOSES.
   2. IT SHALL BE UNLAWFUL FOR ANY EDUCATIONAL INSTITUTION TO:
   (A) REQUEST, REQUIRE, OR COERCE ANY STUDENT OR PROSPECTIVE STUDENT  TO
 DISCLOSE  ANY  USER NAME AND PASSWORD, PASSWORD, OR OTHER AUTHENTICATION
 INFORMATION THAT ALLOWS ACCESS TO A PERSONAL ACCOUNT;
   (B) REQUEST, REQUIRE, OR COERCE A STUDENT OR  PERSPECTIVE  STUDENT  TO
 ACCESS  THE  STUDENT'S  OR PROSPECTIVE STUDENT'S PERSONAL ACCOUNT IN THE
 PRESENCE OF THE EDUCATIONAL INSTITUTION;
   (C) REQUEST, REQUIRE OR COERCE A STUDENT  OR  PERSPECTIVE  STUDENT  TO
 REPRODUCE  IN  ANY  MANNER  PHOTOGRAPHS,  VIDEOS,  OR  OTHER INFORMATION
 CONTAINED WITHIN A PERSONAL ACCOUNT; OR
   (D) SUSPEND, 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 OBSER-
 VATION OF THE STUDENT'S OR PROSPECTIVE STUDENT'S PERSONAL ACCOUNT.
   (E) FOR THE PURPOSES OF THIS SECTION, "ACCESS"  SHALL  NOT  INCLUDE  A
 STUDENT  OR  APPLICANT  VOLUNTARILY ADDING AN EDUCATIONAL INSTITUTION TO
 THEIR LIST OF CONTACTS ASSOCIATED WITH A PERSONAL 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-

 S. 5544                             4
 
 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 PROVIDED BY THE EDUCATIONAL INSTITUTION WHERE SUCH ACCOUNT
 IS USED EXCLUSIVELY FOR EDUCATIONAL PURPOSES AND THE STUDENT  OR  PARENT
 OR  GUARDIAN  FOR  STUDENTS UNDER THE AGE OF EIGHTEEN WAS PROVIDED PRIOR
 NOTICE OF THE EDUCATIONAL INSTITUTION'S RIGHT TO REQUEST OR REQUIRE SUCH
 ACCESS INFORMATION.  HOWEVER, NOTHING IN THIS SUBDIVISION  SHALL  PERMIT
 AN EDUCATIONAL INSTITUTION TO ACCESS ANY PERSONAL ACCOUNTS ON A COMMUNI-
 CATIONS DEVICE.
   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, STATE OR LOCAL LAW.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

2019-S5544A (ACTIVE) - Details

See Assembly Version of this Bill:: A2479
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §201-h, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6831, A9654
2013-2014: S2434, A443
2015-2016: S6871, A4388
2017-2018: S1573, A5485
2021-2022: S615, A1861
2023-2024: S2518, A836

2019-S5544A (ACTIVE) - Summary

2019-S5544A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5544A

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the labor law, in relation to prohib-
iting an employer from requesting or requiring that an employee or
applicant disclose any user name, password, or other means for accessing
a personal account through specified electronic communications devices

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit employers from requesting or requiring user
name and login information including passwords as a condition of hiring,
employment status, for use in disciplinary actions.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the labor law by adding a new section, 201-h that would
prohibit employers from requesting or requiring access to personal elec-
tronic 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 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 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, 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. 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 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 discrimi-
natory hiring.

 
PRIOR LEGISLATIVE HISTORY:

2017-18- A.5485 - Third Reading Calendar/S.1573A - Referred to Labor
2015-16- A.4388 - Advanced to Third Reading Calendar/ S.6871- Referred
to Labor
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.

2019-S5544A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5544--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 6, 2019
                                ___________
 
 Introduced  by  Sens.  RAMOS, JACKSON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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 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-h  to
 read as follows:
   §  201-H.  REQUEST  FOR ACCESS TO PERSONAL ACCOUNTS PROHIBITED. 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.
   (D) "PERSONAL ACCOUNT" MEANS AN ACCOUNT OR PROFILE  ON  AN  ELECTRONIC
 MEDIUM  WHERE  USERS MAY CREATE, SHARE, AND VIEW USER-GENERATED CONTENT,
 INCLUDING UPLOADING OR DOWNLOADING VIDEOS OR STILL  PHOTOGRAPHS,  BLOGS,
 VIDEO  BLOGS,  PODCASTS, INSTANT MESSAGES, OR INTERNET WEB SITE PROFILES
 OR LOCATIONS THAT IS USED BY AN EMPLOYEE OR AN APPLICANT EXCLUSIVELY FOR
 PERSONAL PURPOSES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01244-03-9

 S. 5544--A                          2
 
   2. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION,  IT
 SHALL  BE  UNLAWFUL  FOR  ANY EMPLOYER TO REQUEST, REQUIRE OR COERCE ANY
 EMPLOYEE OR APPLICANT FOR EMPLOYMENT TO:
   (I)  DISCLOSE ANY USER NAME AND PASSWORD, PASSWORD, OR OTHER AUTHENTI-
 CATION INFORMATION FOR ACCESSING A PERSONAL ACCOUNT THROUGH AN ELECTRON-
 IC COMMUNICATIONS DEVICE;
   (II) ACCESS THE EMPLOYEE'S OR  APPLICANT'S  PERSONAL  ACCOUNT  IN  THE
 PRESENCE OF THE EMPLOYER;
   (III) REPRODUCE IN ANY MANNER PHOTOGRAPHS, VIDEO, OR OTHER INFORMATION
 CONTAINED WITHIN A PERSONAL ACCOUNT.
   (B)  AN  EMPLOYER  MAY  REQUIRE AN EMPLOYEE TO DISCLOSE ANY USER NAME,
 PASSWORD OR OTHER MEANS FOR ACCESSING NONPERSONAL ACCOUNTS 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-
 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,  STATE
 OR LOCAL LAW.
   5. (A) NOTHING IN THIS SECTION SHALL PROHIBIT AN EMPLOYER FROM:
   (I) REQUESTING OR REQUIRING AN EMPLOYEE TO DISCLOSE ACCESS INFORMATION
 TO  AN  ACCOUNT  PROVIDED BY THE EMPLOYER WHERE SUCH ACCOUNT 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)  REQUESTING  OR REQUIRING AN EMPLOYEE TO DISCLOSE ACCESS INFORMA-
 TION TO AN ACCOUNT  KNOWN  TO  AN  EMPLOYER  TO  BE  USED  FOR  BUSINESS
 PURPOSES;
   (III)  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 ON SUCH
 DEVICE;
   (IV) COMPLYING WITH A COURT ORDER IN OBTAINING OR  PROVIDING  INFORMA-
 TION  FROM, OR ACCESS TO, AN EMPLOYEE'S ACCOUNTS AS SUCH COURT ORDER MAY
 REQUIRE;
   (V)  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

 S. 5544--A                          3
 
 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.
   6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY LAW  ENFORCE-
 MENT AGENCY, A FIRE DEPARTMENT OR A DEPARTMENT OF CORRECTIONS AND COMMU-
 NITY SUPERVISION.
   § 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 S5544A

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Sponsored By

Jessica Ramos

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

Robert Jackson

2019-S5544 - Details

2019-S5544 - Summary

2019-S5544 - Sponsor Memo

2019-S5544 - Bill Text download pdf

co-Sponsors

Robert Jackson

2019-S5544A (ACTIVE) - Details

2019-S5544A (ACTIVE) - Summary

2019-S5544A (ACTIVE) - Sponsor Memo

2019-S5544A (ACTIVE) - Bill Text download pdf

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