2023 New York Laws › LAB - Labor › Article 7 - General Provisions › 201-I - Request for Access to Personal Accounts Prohibited.

§  201-i.  Request  for access to personal accounts prohibited. 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,
including,  but  not  limited to computers, telephones, personal digital
assistants 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; (ii) the
state of New York; (iii) a county, city,  town,  village  or  any  other
political  subdivision  or  civil  division  of the state; (iv) a school
district or any government entity operating a public school, college, or
university; (v) a public improvement or special district; (vi) a  public
authority,  commission or public benefit corporation; or (vii) any other
public corporation, agency, instrumentality or unit of government  which
exercises  governmental  power  under  the laws of the state; and (viii)
shall include an agent, representative or designee of the employer.
(d) "Personal account" means an account or profile  on  an  electronic
medium  where  users may create, share, and view user-generated content,
including uploading or downloading videos or still  photographs,  blogs,
video blogs, podcasts, instant messages, or internet website profiles or
locations  that  is  used by an employee or an applicant exclusively for
personal purposes.
2. (a) Except as provided in paragraph (b)  of  this  subdivision,  it
shall  be  unlawful  for  any employer to request, require or coerce any
employee or applicant for employment to:
(i)  disclose  any  user  name  and  password,  password,   or   other
authentication  information  for accessing a personal account through an
electronic communications device;
(ii) access the employee's or  applicant's  personal  account  in  the
presence of the employer; or
(iii) reproduce in any manner photographs, video, or other information
contained  within a personal account obtained by the means prohibited in
this paragraph.
(b) An employer may require an employee to  disclose  any  user  name,
password  or other means for accessing nonpersonal accounts that provide
access to the employer's internal computer or information systems.
(c) For the purposes of this section, "access" shall  not  include  an
employee  or  applicant  voluntarily  adding  an  employer, agent of the
employer, or employment agency to their list of contacts associated with
a personal internet account.
3. An employer may not:
(a) Discharge,  discipline,  or  otherwise  penalize  or  threaten  to
discharge,   discipline,  or  otherwise  penalize  an  employee  for  an
employee'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
applicant'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,  state
or local law.
5. (a) Nothing in this section shall prohibit an employer from:
(i) requesting or requiring an employee to disclose access information
to  an  account  provided by the employer where such account 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)   requesting   or   requiring  an  employee  to  disclose  access
information to an account known to an employer to be used  for  business
purposes;
(iii)  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
subparagraph shall permit an employer to access any personal accounts on
such device;
(iv)   complying   with  a  court  order  in  obtaining  or  providing
information from, or access to, an employee's  accounts  as  such  court
order may require;
(v)  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  and  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
viewing,  accessing,  or  utilizing  information  about  an  employee or
applicant that can be obtained without any required access  information,
that is available in the public domain, or for the purposes of obtaining
reports  of  misconduct or investigating misconduct, photographs, video,
messages,  or  other  information  that  is  voluntarily  shared  by  an
employee, client, or other third party that the employee subject to such
report or investigation has voluntarily given access to contained within
such employee's personal account.
6.  The  provisions  of  this  section  shall  not  apply  to  any law
enforcement agency, a fire department or a department of corrections and
community supervision.