Ushering in a new era of online privacy for employees and job applicants, Kathy Hochul, governor, New York has recently signed an assembly bill. The legislation, effective from 12 March, imposes restrictions on employers, transforming the dynamics of online interactions between employers and individuals.
Under this legislation, employers are now barred from compelling employees or job applicants to disclose their personal social-media account details. These details include employees’ usernames, passwords, or login information. Furthermore, employers cannot insist on individuals accessing their personal accounts in the employer’s presence or reproducing content from these accounts.
The law also provides protection against retaliatory measures, ensuring that individuals cannot face penalties for refusing to share information related to their personal accounts.
The definition of ‘personal accounts’ under this law is expansive, covering electronic platforms used exclusively for personal purposes. This includes various forms of user-generated content such as videos, photos, blogs, podcasts, instant messages, or internet profiles.
However, the law allows employers access to ‘non-personal accounts,’ which are usually used for business purposes, provided employees are informed in advance about the employer’s right to request such access.
While the law limits employer access to personal social- media accounts, certain exemptions exist. Employers may access personal accounts under specific circumstances, such as legal obligations compliance, accessing employer-provided business accounts, or restricting access to specific websites while using employer networks or devices.
Additionally, employers can still view publicly-available information or information voluntarily shared by employees, clients, or third parties for reporting or investigating misconduct.
