New York has joined states such as California, Colorado, and New Jersey in protecting employees and applicants from being required to share their private social media information with employers. On September 14, 2023, Governor Hochul signed into New York Law a bill that prioritizes an employee or applicant’s private social media accounts and makes it unlawful for employers to request certain information about these accounts. The law went into effect on March 12, 2024.
The new law makes it unlawful for an employer to request, require, or coerce an employee or an applicant to disclose their username, password, or other information necessary to access a personal account. The law also prohibits an employer from reproducing any photographs or videos found on an employee’s personal account.
The law does allow for certain exceptions in situations where the employer has provided the employee with the account for business purposes, or the employer has paid for the device in which the business accounts are located. The law also allows employers to view an employee’s social media account when it is made publicly available. Nothing in the law prohibits an employee from voluntarily adding their employer as a contact on their personal accounts.
Employers may not retaliate by discharging, refusing to hire, or disciplining employees or applicants who choose not to disclose information about their personal accounts.
Employers may want to ensure that their job application process and hiring policies are compliant with this new privacy law.