New York Restricts Employer Access to Employee Social Media Accounts
September 19th 2023, by Foley Hoag LLP, @ www.jdspura.com
On September 14, 2023, New York Governor Kathy Hochul signed a new law (A.836) that prohibits employers from requesting or requiring that employees or job applicants disclose the log-in information to their personal social media accounts. The new law also prohibits employers from retaliating against employees and applicants who refuse to provide such log-in information.
Specifically, the new law prohibits employers from requesting, requiring, or coercing employees and job applicants to: (i) disclose their username, password, or other log-in information used to access their personal account through an electronic communications device; (ii) access their personal account in the employer’s presence; or (iii) reproduce photos, videos, or other information contained in their personal account through means prohibited under the law.