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.
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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.
