New York Enacts Legislation Restricting Employer Access to Employee Social Media Accounts
New York recently signed a law effectively limiting employers’ ability to access the personal social media accounts of both employees and job applicants. The legislation, marks a significant shift in the employer-employee relationship regarding online privacy.
New York Governor Kathy Hochul has recently signed into law Assembly Bill (A) 00836 and its companion Senate Bill (S) 02518A, effectively limiting employers’ ability to access the personal social media accounts of both employees and job applicants. The legislation, set to take effect on March 12, 2024, marks a significant shift in the employer-employee relationship regarding online privacy.
Under this new law, employers are prohibited from requesting or compelling employees or job applicants to disclose their usernames, passwords, or other login information for personal social media accounts. Moreover, employers cannot demand individuals to access their personal accounts in the employer’s presence or reproduce any content from personal accounts. The law also safeguards against retaliatory actions by employers, ensuring that employees or applicants cannot be penalized for refusing to divulge information concerning their personal accounts.
The legislation broadly defines “personal accounts” as those used exclusively for personal purposes on electronic mediums, encompassing various forms of user-generated content such as videos, photographs, blogs, podcasts, instant messages, or internet profiles. However, it exempts access to “nonpersonal accounts” used for business purposes, provided that prior notice has been given to the employee regarding the employer’s right to request such access.
While the law restricts employer access to personal social media accounts, it allows for certain exemptions. Employers may access personal accounts under specific circumstances, such as compliance with legal obligations, accessing employer-provided business accounts, or restricting access to certain 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.
New York is not alone in this legislative endeavor. A growing number of states, including California, Delaware, Illinois, Louisiana, Michigan, Maryland, Montana, New Hampshire, New Jersey, and Vermont, have already enacted similar laws to protect individuals from employer inquiries into their private social media lives. These laws recognize that an employee’s personal information, especially that housed within private social media accounts, deserves protection.
While Integrating social media screening into a comprehensive background screening program can help employers make informed hiring decisions, employers are advised to review their employment policies and practices in light of these legal restrictions. By proactively revising policies and educating personnel involved in the hiring process concerning the boundaries of the laws, employers can foster a workplace culture that values professionalism and personal privacy, ultimately promoting trust and mutual respect.
Release Date: February 28, 2024
Alonzo Martinez
Alonzo Martinez is Associate General Counsel at HireRight. Mr. Martinez is responsible for monitoring and advising on key legislative and regulatory developments globally affecting HireRight’s service delivery. His work is focused on ensuring HireRight’s performance as a consumer reporting agency and data processor complies with relevant legal, regulatory, and data furnisher requirements. Mr. Martinez obtained his Juris Doctorate from the University of Colorado, and is licensed by the Supreme Court of the State of Colorado. He is a member of the Colorado Bar Association Employment Law Division, the Association of Corporate Counsel, and the Professional Background Screening Association.