New York Governor Kathy Hochul recently signed legislation into law that will bar employers from accessing the personal social media accounts of employees and prospective employees.

Quick Hits

• New York governor signs legislation into law to restrict employers from requesting or gaining accessing to employees’ and applicants’ personal social media accounts.
• The new law will not prohibit employers from requiring employees to provide login information to company accounts used for business purposes.
• The law is set to go into effect in March 2024.

On September 14, 2023, Governor Hochul signed Assembly Bill (A) 00836 and Senate Bill (S) 02518A, which will restrict employers’ access to employee and applicant personal social media accounts.

Specifically, A00836/S02518A will prohibit employers from requesting or requiring employees or job applicants to: (1) disclose their user names, passwords, or login information to social media or other personal electronic communication accounts; (2) access their personal accounts in the presence of the employer; or (3) reproduce any posts, including photographs, videos, or other information, from personal accounts.

Under the law, employers will be prohibited from discharging, disciplining, or otherwise penalizing an employee or applicant, or threatening to do so, because of the employee’s or applicant’s refusal to disclose such protected information.

Covered Accounts and Access

“Personal account[s]” covered by A00836/S02518A is broadly...

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