This bill has been amended

Bill S2434B-2013

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

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO LABOR
  • Jun 4, 2013: PRINT NUMBER 2434B
  • Jun 4, 2013: AMEND AND RECOMMIT TO LABOR
  • Mar 19, 2013: PRINT NUMBER 2434A
  • Mar 19, 2013: AMEND (T) AND RECOMMIT TO LABOR
  • Jan 17, 2013: REFERRED TO LABOR

Memo

BILL NUMBER:S2434B

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: 2011-12- A.9654- Passed Assembly/S.6831Referred 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2434--B 2013-2014 Regular Sessions IN SENATE January 17, 2013 ___________
Introduced by Sens. KLEIN, CARLUCCI -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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, 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- 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 AN 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- 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, 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. 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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