Bill Text: NY S07077 | 2011-2012 | General Assembly | Amended

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Bill Title: Protects the privacy of employees' and prospective employees' social media accounts.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-05-31 - PRINT NUMBER 7077A [S07077 Detail]

Download: New_York-2011-S07077-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7077--A
                                   I N  S E N A T E
                                    April 27, 2012
                                      ___________
       Introduced by Sens. GRISANTI, KRUEGER -- 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 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:
    1    Section  1.  The labor law is amended by adding a new section 215-d to
    2  read as follows:
    3    S 215-D. INVASION OF PRIVACY BY AN EMPLOYER  AGAINST  AN  EMPLOYEE  OR
    4  PROSPECTIVE EMPLOYEE. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
    5    (A) "APPLICANT" MEANS AN APPLICANT FOR EMPLOYMENT.
    6    (B)  "ELECTRONIC  COMMUNICATIONS  DEVICE"  MEANS  ANY DEVICE THAT USES
    7  ELECTRONIC SIGNALS TO CREATE,  TRANSMIT  AND  RECEIVE  INFORMATION,  AND
    8  SHALL  INCLUDE  BUT  NOT  BE LIMITED TO, COMPUTERS, TELEPHONES, PERSONAL
    9  DIGITAL ASSISTANTS AND OTHER SIMILAR DEVICES.
   10    2. (A) AN EMPLOYER, EMPLOYER'S AGENT OR REPRESENTATIVE, OR ITS  DESIG-
   11  NEE  SHALL  NOT REQUIRE ANY EMPLOYEE OR APPLICANT TO DISCLOSE ANY LOG-IN
   12  NAME, PASSWORD OR OTHER  MEANS  FOR  ACCESSING  A  PERSONAL  ACCOUNT  OR
   13  SERVICE THROUGH AN ELECTRONIC COMMUNICATIONS DEVICE.
   14    (B)  AN  EMPLOYER, EMPLOYER'S AGENT OR REPRESENTATIVE, OR ITS DESIGNEE
   15  MAY REQUIRE AN EMPLOYEE TO DISCLOSE ANY LOG-IN NAME, PASSWORD  OR  OTHER
   16  MEANS  FOR  ACCESSING  NON-PERSONAL  ACCOUNTS  OR  SERVICES THAT PROVIDE
   17  ACCESS TO THE EMPLOYER'S INTERNAL COMPUTER OR INFORMATION SYSTEMS.
   18    3. AN EMPLOYER, EMPLOYER'S AGENT OR REPRESENTATIVE,  OR  ITS  DESIGNEE
   19  SHALL NOT:
   20    (A)  TERMINATE,  DISCIPLINE  OR  OTHERWISE  PENALIZE  AN  EMPLOYEE, OR
   21  THREATEN TO TERMINATE, DISCIPLINE OR OTHERWISE PENALIZE AN EMPLOYEE  FOR
   22  THE  EMPLOYEE'S  REFUSAL  TO  DISCLOSE  ANY  INFORMATION IN VIOLATION OF
   23  SUBDIVISION TWO OF THIS SECTION; OR
   24    (B) FAIL OR REFUSE TO HIRE ANY APPLICANT AS A  RESULT  OF  THE  APPLI-
   25  CANT'S  REFUSAL  TO  PROVIDE ANY INFORMATION IN VIOLATION OF SUBDIVISION
   26  TWO OF THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15421-02-2
       S. 7077--A                          2
    1    4. WHERE A VIOLATION OF THIS SECTION IS ALLEGED TO HAVE OCCURRED,  THE
    2  ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF NEW
    3  YORK FOR AN ORDER ENJOINING OR RESTRAINING THE COMMISSION OR CONTINUANCE
    4  OF  THE  ALLEGED  UNLAWFUL  ACTS.  IN ANY SUCH PROCEEDING, THE COURT MAY
    5  IMPOSE  A  CIVIL  PENALTY IN THE AMOUNT OF THREE HUNDRED DOLLARS FOR THE
    6  FIRST VIOLATION AND FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT VIOLATION.
    7    S 2. This act shall take effect immediately.