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S02518 Summary:

Add §201-i, Lab L
Prohibits an employer from requesting or requiring that an employee or applicant for employment disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices.
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S02518 Actions:

01/31/20231ST REPORT CAL.259
02/01/20232ND REPORT CAL.
03/21/2023referred to labor
03/29/2023returned to senate
05/22/2023SUBSTITUTED BY A836
 A00836 AMEND= Dinowitz (MS)
 01/11/2023referred to labor
 02/28/2023reported referred to codes
 03/16/2023advanced to third reading cal.58
 03/21/2023passed assembly
 03/21/2023delivered to senate
 05/22/2023SUBSTITUTED FOR S2518A
 05/22/20233RD READING CAL.259
 05/22/2023PASSED SENATE
 09/07/2023delivered to governor
 09/14/2023signed chap.367
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S02518 Committee Votes:

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S02518 Floor Votes:

There are no votes for this bill in this legislative session.
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S02518 Memo:

Memo not available
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S02518 Text:

                STATE OF NEW YORK
            Cal. No. 259
                               2023-2024 Regular Sessions
                    IN SENATE
                                    January 23, 2023
        Introduced  by  Sens.  RAMOS, JACKSON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Labor -- reported
          favorably from said committee, ordered to  first  and  second  report,
          ordered  to  a  third  reading,  passed by Senate and delivered to the
          Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
        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:
     1    Section 1.  The labor law is amended by adding a new section 201-i  to
     2  read as follows:
     3    §  201-i.  Request  for access to personal accounts prohibited. 1. For
     4  purposes of this section, the following words shall have  the  following
     5  meanings:
     6    (a) "Applicant" means an applicant for employment.
     7    (b)  "Electronic  communications  device"  means  any device that uses
     8  electronic signals to create, transmit, and receive information, includ-
     9  ing, but not limited to computers, telephones, personal digital  assist-
    10  ants and other similar devices.
    11    (c)  "Employer"  means  (i)  a person or entity engaged in a business,
    12  industry, profession, trade or other enterprise in the state;  (ii)  the
    13  state  of  New  York;  (iii)  a county, city, town, village or any other
    14  political subdivision or civil division of  the  state;  (iv)  a  school
    15  district or any government entity operating a public school, college, or
    16  university;  (v) a public improvement or special district; (vi) a public
    17  authority, commission or public benefit corporation; or (vii) any  other
    18  public  corporation, agency, instrumentality or unit of government which
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2518--A                          2
     1  exercises governmental power under the laws of  the  state;  and  (viii)
     2  shall include an agent, representative or designee of the employer.
     3    (d)  "Personal  account"  means an account or profile on an electronic
     4  medium where users may create, share, and view  user-generated  content,
     5  including  uploading  or downloading videos or still photographs, blogs,
     6  video blogs, podcasts, instant messages, or internet website profiles or
     7  locations that is used by an employee or an  applicant  exclusively  for
     8  personal purposes.
     9    2.  (a)  Except  as  provided in paragraph (b) of this subdivision, it
    10  shall be unlawful for any employer to request,  require  or  coerce  any
    11  employee or applicant for employment to:
    12    (i)  disclose any user name and password, password, or other authenti-
    13  cation information for accessing a personal account through an electron-
    14  ic communications device;
    15    (ii) access the employee's or  applicant's  personal  account  in  the
    16  presence of the employer; or
    17    (iii) reproduce in any manner photographs, video, or other information
    18  contained  within a personal account obtained by the means prohibited in
    19  this paragraph.
    20    (b) An employer may require an employee to  disclose  any  user  name,
    21  password  or other means for accessing nonpersonal accounts that provide
    22  access to the employer's internal computer or information systems.
    23    (c) For the purposes of this section, "access" shall  not  include  an
    24  employee  or  applicant  voluntarily  adding  an  employer, agent of the
    25  employer, or employment agency to their list of contacts associated with
    26  a personal internet account.
    27    3. An employer may not:
    28    (a) Discharge,  discipline,  or  otherwise  penalize  or  threaten  to
    29  discharge,  discipline, or otherwise penalize an employee for an employ-
    30  ee's refusal to disclose any information specified in paragraph  (a)  of
    31  subdivision two of this section; or
    32    (b)  Fail  or  refuse  to hire any applicant as a result of the appli-
    33  cant's refusal to disclose any information specified in paragraph (a) of
    34  subdivision two of this section.
    35    4. It shall be an affirmative defense to an action under this  section
    36  that  the employer acted to comply with requirements of a federal, state
    37  or local law.
    38    5. (a) Nothing in this section shall prohibit an employer from:
    39    (i) requesting or requiring an employee to disclose access information
    40  to an account provided by the employer where such account  is  used  for
    41  business  purposes  and  the  employee  was provided prior notice of the
    42  employer's right to request or require such access information;
    43    (ii) requesting or requiring an employee to disclose  access  informa-
    44  tion  to  an  account  known  to  an  employer  to  be used for business
    45  purposes;
    46    (iii) accessing an electronic communications device paid for in  whole
    47  or  in  part  by the employer where the provision of or payment for such
    48  electronic communications device was conditioned on the employer's right
    49  to access such device and the employee was provided prior notice of  and
    50  explicitly  agreed to such conditions. However, nothing in this subpara-
    51  graph shall permit an employer to access any personal accounts  on  such
    52  device;
    53    (iv)  complying  with a court order in obtaining or providing informa-
    54  tion from, or access to, an employee's accounts as such court order  may
    55  require;

        S. 2518--A                          3
     1    (v)  restricting  or  prohibiting  an  employee's  access  to  certain
     2  websites while using an employer's network or while using an  electronic
     3  communications  device  paid  for in whole or part by the employer where
     4  the provision of or payment for such electronic communications    device
     5  was  conditioned on the employer's right to restrict such access and the
     6  employee was provided prior notice of  and  explicitly  agreed  to  such
     7  conditions.
     8    (b)  This  section  does  not  prohibit  or  restrict an employer from
     9  complying with a duty to screen employees or applicants prior to  hiring
    10  or  to  monitor  or  retain  employee communications that is established
    11  under federal law or by a self regulatory organization,  as  defined  in
    12  section  3(a)(26)  of  the  securities  and exchange act of 1934, 15 USC
    13  §78c(a)(26).
    14    (c) This section does not prohibit or restrict an employer from  view-
    15  ing,  accessing, or utilizing information about an employee or applicant
    16  that can be obtained without any required access  information,  that  is
    17  available in the public domain, or for the purposes of obtaining reports
    18  of misconduct or investigating misconduct, photographs, video, messages,
    19  or  other information that is voluntarily shared by an employee, client,
    20  or other third party that the employee subject to such report or  inves-
    21  tigation  has  voluntarily given access to contained within such employ-
    22  ee's personal account.
    23    6. The provisions of this section shall not apply to any law  enforce-
    24  ment agency, a fire department or a department of corrections and commu-
    25  nity supervision.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.
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