NY Law Prohibits Access to Employee’s Private Social Media Accounts Effective March 12, 2024

A new law prohibits employers in New York from requesting or requiring an employee to provide his or her personal social media login information or to access their personal social media accounts in the presence of their employer as a condition of employment or as the basis for any employment action including disciplinary action. The law will take effect on March 12, 2024.

Employers are still allowed to request or require employees to disclose login information for accounts that were provided by the employer and that are used for business purposes. Employers are also allowed to access electronic communications devices that they paid for, in whole or in part, and when payment for the device was conditioned on the employer retaining the right to access the device. However, employers are not allowed to access an employee's personal accounts on these devices. This law is similar to laws that have been enacted in many other jurisdictions