Starting March 12th, New York Employers Will Be Prohibited from Requiring Access to Employee Personal Accounts
On March 12, 2024, New York Labor Law Section 201-i becomes effective and prohibits employers from requesting or requiring that an applicant or employee disclose a username, password, or other means to access a personal account or service. This will effectively ban New York employers from demanding access to employee (or applicant) personal social media accounts, videos, photographs, blogs, instant messages, or similar electronic content.
Specifically, the law prohibits employers from requesting, requiring, or coercing an employee or applicant to:
Disclose any username and password, password, or authentication information for accessing a personal account through an electronic communications device;
Access the employee’s or applicant’s personal account in the presence of the employer; or
Reproduce in any manner photographs, video, or other information contained within a personal account.
The law also prohibits employers from retaliating against applicants or employees who refuse to disclosure personal account information.
The law defines a “personal account” as “an account or profile on an electronic medium where users may create, share, and view user-generated content….” An “electronic communications device” is defined as “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.”
Importantly, the law only applies to personal accounts, so accounts used for business purposes are generally not subject to the law. The law also does not restrict an employer from viewing accounts that are publicly accessible. It is an affirmative defense if the employer sought access to personal accounts to comply with a federal, state, or local law.
Because the law becomes effective in less than two months, employers in New York should review their hiring, technology, and social media policies, and update them, if necessary, to ensure compliance with the new law.
If you have questions about your business’s hiring, technology, or social media policies, please schedule a complimentary consultation with us through our online scheduling system.
Information contained in this blog is provided for informational purposes and does not constitute legal advice or opinion. You should consult with an attorney regarding the specifics of your matter or legal issue.