In a move that will likely reverberate through corporations and law firms worldwide, New York Governor Kathy Hochul signed a new law (A.836) on September 14, 2023, that changes the rules surrounding employer access to employee social media accounts. As reported by JD Supra, the law prohibits employers from requesting or requiring employees or job applicants to disclose the login information to their personal social media accounts.
Notably, the law also institutes safeguards against retaliation, prohibiting employers from “retaliating against employees and applicants who refuse to provide such log-in information.” It’s clear that the law aims to protect the privacy rights of employees and job applicants, establishing a new balance between the interests of employers and the privacy of individuals in their social media accounts.
The implications of this law are far-reaching. Considering the global operations of many corporations and law firms, this new regulation may necessitate sizable changes in their internal policies. Despite being a state law, its impact will likely extend beyond New York, as it sets a precedent that may influence similar legislation in other jurisdictions.
Legal professionals working for major corporations and law firms will need to thoroughly understand the parameters of this law to ensure compliance. This will involve adjusting their practices if they currently request log-in information for personal social media accounts as part of the hiring process or during employment. It also behooves them to establish clear policies regarding retaliation to ensure they do not unintentionally fall foul of the new law.
Legal debates surrounding online privacy have become increasingly prominent in recent years. This New York law represents one more step in the evolving conversation around how to properly balance privacy concerns with employers’ needs and interests. As legal professionals, we must stay informed about these developments and adjust our practices accordingly.