In the digital age, what rights do employers have to access their employees’ personal accounts? A new New York State labor law is laying out those guidelines.
The law, which went into effect earlier this year, restricts employers from accessing employee accounts that are created solely for personal use. It defines “personal account” as an “account or profile on an electronic medium where users may create, share and view user-generated content.”
This means that employers cannot require, or even request, that an employee or applicant for employment share their social media login information. Employers are also prohibited from asking that an account be accessed in their presence, or asking that any photos, videos or other information contained within the account be reproduced.
Under this rule, employers cannot discharge or discipline an employee for refusing to give access to their personal account. Failing to hire an applicant because of their refusal to share this information is also unlawful.
However, employers do retain certain rights. They are allowed to request information for any accounts used for business purposes, as long as the employee was given prior notice of this authority. They can also view or access any information that is obtainable without login information and contained in the public domain.
Employers have the right to access photos, videos, messages or other information to investigate misconduct, as long as the information was shared voluntarily by an employee, client or third party.
New York is the latest of over 25 states to adopt a law of this kind, meant to foster trust and respect within the workforce.
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