Bill Text: NY S06871 | 2015-2016 | General Assembly | Introduced

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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 1-0)

Status: (Introduced - Dead) 2016-03-02 - REFERRED TO LABOR [S06871 Detail]

Download: New_York-2015-S06871-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6871
                    IN SENATE
                                      March 2, 2016
                                       ___________
        Introduced  by  Sen.  AVELLA -- 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 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:
     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 or services prohibit-
     4  ed. 1. For purposes of this section, the following words shall have  the
     5  following 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    2. (a) Except as provided in paragraph (b)  of  this  subdivision,  it
    16  shall be unlawful for any employer to request or require any employee or
    17  applicant for employment to disclose any user name and password or other
    18  means  for accessing a personal account or service through an electronic
    19  communications device.
    20    (b) An employer may require an employee to  disclose  any  user  name,
    21  password  or  other means for accessing nonpersonal accounts or services
    22  that provide access to the employer's internal computer  or  information
    23  systems.
    24    (c)  For  the  purposes of this section, "access" shall not include an
    25  employee or applicant voluntarily adding an employer or employment agen-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01077-02-5