On September 14, 2023, New York State Governor Kathy Hochul signed into law Senate Bill 2518A and Assembly Bill 836 to effectively limit the ability of employers to access the personal social media accounts of both employees and job applicants, according to a press release on the Governor’s web site. The legislation will take effect on March 12, 2024.
The legislation (S. 2518A/A. 836) signed by Governor Hochul regarding access to personal social media accounts “prohibits employers from requesting or requiring username, login information, and passwords, of personal accounts as a condition of hiring, as a condition of employment, or for use in a disciplinary action,” the press release stated.
However, the legislation also allows employers to access personal accounts for specific compliance with legal obligations, access employer-provided business accounts, or restrict access to certain websites while using employer networks or devices. In addition, employers may view publicly available information or information voluntarily shared.
“Personal account” is “an account or profile on an electronic medium where users may create, share, and view user-generated content, including uploading or downloading videos or still photographs, blogs, video blogs, podcasts, instant messages, or internet website profiles or locations that is used by an employee or an applicant exclusively for personal purposes.”
ClearStar is a leading global Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers employers social media screening solutions that comply will applicable laws, a social media screening white paper, and a social media screening webinar. To learn more, contact ClearStar.
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Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources (HR) technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), Form I-9, identity theft, privacy, social media screening, and workplace violence.
At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
