New York Governor Kathy Hochul signed into law bill A836 on September 14, 2023, prohibiting employers from requesting or requiring employees or job applicants to disclose the login credentials for their personal social media accounts, or from retaliating against employees or job applicants who refuse to do so. Specifically, the law renders it unlawful for an employer to request, require, or coerce any employee or job applicant to:

1. Disclose any username and password, password alone, or other authentication information for accessing a personal account through an electronic communication device.
2. Access the employee or applicant’s personal account in the presence of the employer.
3. Reproduce in any manner photographs, videos, or other information contained within a personal account obtained by prohibited means.

It is similarly unlawful for an employer to take any adverse action against an employee or to refuse to hire an applicant because the individual refused to provide the above-noted information.

Importantly, the law broadly defines the term “employer” as any “person or entity engaged in a business, industry, profession, trade or other enterprise in [New York],” as well as any “agent, representative or designee of the employer.” Accordingly, the law’s impact will likely be widely felt.

Permitted Activity

Even though the new law is concerned with prohibiting employers from requiring disclosure of an employee or applicant’s personal login credentials, employers may continue...

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