S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         9654

                                 I N  A S S E M B L Y

                                    March 22, 2012
                                      ___________

       Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
         tee on Labor

       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 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    S 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, 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    3. AN EMPLOYER MAY NOT:
   25    (A) DISCHARGE,  DISCIPLINE,  OR  OTHERWISE  PENALIZE  OR  THREATEN  TO
   26  DISCHARGE,  DISCIPLINE, OR OTHERWISE PENALIZE AN EMPLOYEE FOR AN EMPLOY-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15131-01-2
       A. 9654                             2

    1  EE'S REFUSAL TO DISCLOSE ANY INFORMATION SPECIFIED IN PARAGRAPH  (A)  OF
    2  SUBDIVISION TWO OF THIS SECTION; OR
    3    (B)  FAIL  OR  REFUSE  TO HIRE ANY APPLICANT AS A RESULT OF THE APPLI-
    4  CANT'S REFUSAL TO DISCLOSE ANY INFORMATION SPECIFIED IN PARAGRAPH (A) OF
    5  SUBDIVISION TWO OF THIS SECTION.
    6    S 2. This act shall take effect on the one hundred eightieth day after
    7  it shall have become a law.