Bill Text: NY S01573 | 2017-2018 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2018-01-22 - PRINT NUMBER 1573A [S01573 Detail]
Download: New_York-2017-S01573-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1573--A 2017-2018 Regular Sessions IN SENATE January 10, 2017 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Senate Rule 6, sec. 8 -- 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 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-g to 2 read as follows: 3 § 201-g. 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; or (ii) a 13 unit of state or local government; and (iii) shall include an agent, 14 representative or designee of the employer. 15 (d) "Personal account" means an account or profile on an electronic 16 medium where users may create, share, and view user-generated content, 17 including uploading or downloading videos or still photographs, blogs, 18 video blogs, podcasts, instant messages, or Internet Web site profiles EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01236-03-8S. 1573--A 2 1 or locations that is used by an employee or an applicant exclusively for 2 personal purposes. 3 2. (a) Except as provided in paragraph (b) of this subdivision, it 4 shall be unlawful for any employer to request, require or coerce any 5 employee or applicant for employment: 6 (i) disclose any user name and password, password, or other authenti- 7 cation information for accessing a personal account through an electron- 8 ic communications device; 9 (ii) access the employee's or applicant's personal account in the 10 presence of the employer; 11 (iii) reproduce in any manner photographs, video, or other information 12 contained within a personal account. 13 (b) An employer may require an employee to disclose any user name, 14 password or other means for accessing nonpersonal accounts that provide 15 access to the employer's internal computer or information systems. 16 (c) For the purposes of this section, "access" shall not include an 17 employee or applicant voluntarily adding an employer or employment agen- 18 cy to their list of contacts associated with a personal internet 19 account. 20 3. An employer may not: 21 (a) Discharge, discipline, or otherwise penalize or threaten to 22 discharge, discipline, or otherwise penalize an employee for an employ- 23 ee's refusal to disclose any information specified in paragraph (a) of 24 subdivision two of this section; or 25 (b) Fail or refuse to hire any applicant as a result of the appli- 26 cant's refusal to disclose any information specified in paragraph (a) of 27 subdivision two of this section. 28 4. It shall be an affirmative defense to an action under this section 29 that the employer acted to comply with requirements of a federal, state 30 or local law. 31 5. (a) Nothing in this section shall prohibit an employer from: 32 (i) requesting or requiring an employee to disclose access information 33 to an account provided by the employer where such account is used for 34 business purposes and the employee was provided prior notice of the 35 employer's right to request or require such access information; 36 (ii) requesting or requiring an employee to disclose access informa- 37 tion to an account known to an employer to be used for business 38 purposes; 39 (iii) accessing an electronic communications device paid for in whole 40 or in part by the employer where the provision of or payment for such 41 electronic communications device was conditioned on the employer's right 42 to access such device and the employee was provided prior notice of and 43 explicitly agreed to such conditions. However, nothing in this subpara- 44 graph shall permit an employer to access any personal accounts on such 45 device; 46 (iv) complying with a court order in obtaining or providing informa- 47 tion from, or access to, an employee's accounts as such court order may 48 require; 49 (v) restricting or prohibiting an employee's access to certain 50 websites while using an employer's network or while using an electronic 51 communications device paid for in whole or part by the employer where 52 the provision of or payment for such electronic communications device 53 was conditioned on the employer's right to restrict such access and the 54 employee was provided prior notice of and explicitly agreed to such 55 conditions.S. 1573--A 3 1 (b) This section does not prohibit or restrict an employer from 2 complying with a duty to screen employees or applicants prior to hiring 3 or to monitor or retain employee communications that is established 4 under federal law or by a self regulatory organization, as defined in 5 section 3(a)(26) of the securities and exchange act of 1934, 15 USC 6 78c(a)(26). 7 (c) This section does not prohibit or restrict an employer from view- 8 ing, accessing, or utilizing information about an employee or applicant 9 that can be obtained without any required access information or that is 10 available in the public domain. 11 6. The provisions of this section shall not apply to any law enforce- 12 ment agency, a fire department or a department of corrections and commu- 13 nity supervision. 14 § 2. The education law is amended by adding a new section 115 to read 15 as follows: 16 § 115. Request for access to personal accounts prohibited. 1. For 17 purposes of this section, the following words shall have the following 18 meanings: 19 (a) "Educational institution" means a public or private educational 20 institution or separate school or department of a public or private 21 educational institution, and includes an academy; elementary or second- 22 ary school; extension course; kindergarten; nursery school; school 23 system; school district; intermediate school district; business, nurs- 24 ing, professional, secretarial, technical, or vocational school; public 25 or private educational testing service or administrator; and an agent of 26 an educational institution. Educational institution shall be construed 27 broadly to include public and private institutions of higher education 28 to the greatest extent consistent with constitutional limitations. 29 (b) "Electronic communications device" means any device that uses 30 electronic signals to create, transmit, and receive information, includ- 31 ing, but not limited to computers, telephones, personal digital assist- 32 ants and other similar devices. 33 (c) "Personal account" means an account or profile on an electronic 34 medium where users may create, share, and view user-generated content, 35 including uploading or downloading videos of still photographs, blogs, 36 video blogs, podcasts, instant messages, or Internet Website profiles or 37 locations that is used by a student or a prospective student primarily 38 for personal purposes. 39 2. It shall be unlawful for any educational institution to: 40 (a) request, require, or coerce any student or prospective student to 41 disclose any user name and password, password, or other authentication 42 information that allows access to a personal account; 43 (b) request, require, or coerce a student or perspective student to 44 access the student's or prospective student's personal account in the 45 presence of the educational institution; 46 (c) request, require or coerce a student or perspective student to 47 reproduce in any manner photographs, videos, or other information 48 contained within a personal account; or 49 (d) suspend, expel, discipline, fail to admit, or otherwise penalize a 50 student or prospective student for failure to grant access to, allow 51 observation of, or disclose information that allows access to or obser- 52 vation of the student's or prospective student's personal account. 53 (e) For the purposes of this section, "access" shall not include a 54 student or applicant voluntarily adding an educational institution to 55 their list of contacts associated with a personal account. 56 3. Nothing in this section prohibits an educational institution from:S. 1573--A 4 1 (a) accessing an electronic communications device paid for in whole or 2 in part by the educational institution where the provision of or payment 3 for such electronic communications device was conditioned on the educa- 4 tional institution's right to access such device and the student was 5 provided prior notice of and explicitly agreed to such conditions. 6 However, nothing in this paragraph shall permit an educational institu- 7 tion to access any personal accounts or services on such device; or 8 (b) requesting or requiring a student to disclose access information 9 to an account provided by the educational institution where such account 10 is used exclusively for educational purposes and the student or parent 11 or guardian for students under the age of eighteen was provided prior 12 notice of the educational institution's right to request or require such 13 access information. However, nothing in this subdivision shall permit 14 an educational institution to access any personal accounts on a communi- 15 cations device. 16 4. This section shall not prohibit or restrict an educational institu- 17 tion from viewing, accessing, or utilizing information about a student 18 or applicant that can be obtained without any required access informa- 19 tion or that is available in the public domain. 20 5. It is an affirmative defense to an action under this section that 21 the educational institution acted to comply with requirements of a 22 federal, state or local law. 23 § 3. This act shall take effect on the one hundred eightieth day after 24 it shall have become a law.
