If you are facing legal issues and need help, it is important to understand your rights. According to New York Labor Law [NYLL] 201-I, generally, employers are prohibited from requesting access to an applicants’ or employees’ personal accounts. This law applies to all employers, regardless of size or location, and ensures that all applicants and employees in the state of New York personal accounts and privacy rights are protected. This blog will address the new restrictions placed upon employers seeking access to an applicants or employees personal accounts.

Interesting Statistical Data Regarding Social Media Use

• 70 percent of the employers who responded said they believe every company should screen candidates’ social media profiles during the hiring process. [Source Harris Poll]
• More than half of employers have found content on social media that caused them not to hire a candidate.[Source Career Builder]
• 88 percent of employers and hiring managers would fire an employee for posting certain kinds of social media content on their personal account. [Source Harris Poll]
• 77% of workers use social media at work. [Source Zippia]
• Worries about artificial intelligence, surveillance at work may be connected to poor mental health [Source American Psychological Association]

Who is the Employer?

An essential aspect of understanding the legal rights and responsibilities regarding personal account access is determining who qualifies as the employer. According to NYLL 201-I, an employer is defined as any person or entity that employs or seeks to employ an individual, including public and private sector employers, labor organizations, and employment agencies.

This broad definition encompasses various scenarios where an individual may be considered an employer. For instance, if you are an applicant for a job and have signed an employment contract, the organization or company you have applied to becomes your employer once you are hired. Similarly, if you are working as an independent contractor, the individual or entity that has hired you is considered your employer for the duration of your contract.

It is crucial to note that the term “employer” not only includes traditional employment relationships but also extends to situations where an individual has control over the terms and conditions of employment. This means that even if you work remotely or have a non-traditional employment arrangement, your employer is still obligated to adhere to the restrictions outlined in NYLL 201-I.

The purpose of identifying who qualifies as an employer under this law is to ensure that all individuals who hold positions of authority or control over an applicants or employees access to personal accounts are aware of their obligations. By understanding the scope of the term “employer,” you can determine whether your specific circumstances fall within the purview of NYLL 201-I.

What is a Personal Account?

A personal account, as defined by NYLL 201-I, refers to any online account that an individual uses for personal purposes. This can include social media accounts, email accounts, online storage accounts, and any other digital platform where an individual stores personal information or engages in private communication.

For example, if you have a Facebook account that you use to connect with friends and family, post personal photos, and share updates about your life, this would be considered a personal account. Similarly, if you have a Gmail account that you use for personal email correspondence, this would also fall under the definition of a personal account.

It is important to note that personal accounts are distinct from professional accounts. Professional accounts are those that are used exclusively for work or business purposes. These can include company email accounts, business social media accounts, and online platforms used for work-related activities. The restrictions outlined in NYLL 201-I do not apply to employers seeking access to professional accounts, as these are generally considered to be within the employer’s domain.

The purpose of prohibiting access to personal accounts is to protect the privacy and personal information of individuals. Personal accounts often contain sensitive and private information, such as personal conversations, photographs, and personal opinions. Granting employers access to these accounts may infringe upon an individual’s right to privacy and could potentially expose them to unwarranted scrutiny or discrimination.

Limitations on Employers’ Access to Personal Accounts

Employers face strict limitations when it comes to accessing an applicants or employees personal accounts. NYLL 201-I clearly prohibits employers from accessing these accounts without permission. This restriction is in place to protect the privacy and personal information of individuals. Granting employers access to personal accounts may infringe upon an individual’s right to privacy and could potentially expose them to unwarranted scrutiny or discrimination.

As an employer, it is crucial to understand and abide by these limitations. It’s an important balancing act to protect an applicants and employees right to privacy while protecting the employer. Having said that, personal accounts are distinct from professional accounts, which are within the employer’s domain. Professional accounts, such as company email accounts and business social media accounts, are used exclusively for work-related purposes and may be subject to employer access.

The prohibition on access to personal accounts applies to all employers, including public and private sector employers, labor organizations, and employment agencies. Regardless of your industry or the nature of your employment relationship, you are obligated to adhere to the restrictions outlined in NYLL 201-I.

An employer may not discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize an employee for an employee’s refusal to disclose certain personal account information or fail or refuse to hire any applicant as a result of the applicant’s refusal to disclose certain personal account information.

It shall be an affirmative defense to an action under this section that the employer acted to comply with requirements of a federal, state or local law.

It is crucial to note that violating these limitations can have severe legal implications. Employers who unlawfully access an applicants or employees personal accounts may face legal consequences, including fines and potential lawsuits. These consequences can harm the employer’s reputation and may damage an applicants and employees trust and morale.

To ensure compliance with NYLL 201-I, it is advisable to establish clear policies and guidelines regarding personal account access. Communicate these policies to the applicants and employees, outlining their rights and emphasizing the employer’s commitment to respecting their privacy. Additionally, consider providing training and education to the staff about the importance of personal account privacy and the legal restrictions in place.

Exceptions to Restrictions on Personal Account Access Requests

While NYLL 201-I prohibits employers from accessing an applicants’ or employees’ personal accounts without permission, there are a few exceptions to this general rule. These exceptions allow employers to request access to personal accounts under specific circumstances, although they are still subject to legal restrictions and guidelines.

One exception is when there is a legitimate business need for access to an applicants’ or employee’s personal account. This could arise, for example, if an employee has shared confidential company information or engaged in activities that may harm the company’s reputation. In such cases, an employer may be justified in requesting access to the employee’s personal account to investigate the situation and gather evidence.

Another exception is when an employer has a reasonable suspicion of misconduct or illegal activity. If an employer has credible information suggesting that an employee is involved in illegal activities or misconduct that may impact the workplace, they may request access to the employee’s personal account to gather evidence and assess the situation.

It’s important to note that even when exceptions apply, employers must follow legal protocols and obtain the employee’s consent before accessing their personal accounts. This means providing clear and specific reasons for the request, ensuring that the scope of access is limited to the relevant information, and taking appropriate measures to protect the privacy of unrelated personal information.

The provisions of this section shall not apply to any law enforcement agency, a fire department or a department of corrections and community supervision.

Seeking Legal Assistance with Personal Account Access Requests

If you find yourself facing a request for access to personal accounts under NYLL 201-I, as an employer, applicant or employee it is essential to seek legal assistance to navigate the complex legal landscape surrounding this issue.

When seeking legal assistance, it is crucial to choose a law firm with experience in labor and employment law and civil rights.

When you work with The Sanders Firm, P.C., you can expect personalized attention and strategic legal advice tailored to your specific situation. We will review your case thoroughly, explain your rights and options, and guide you through the legal process every step of the way.

We understand that facing legal issues can be overwhelming and stressful, especially when it comes to personal account access. That is why we are committed to providing compassionate and responsive legal representation to help you achieve the best possible outcome.

Contact us today to schedule a FREE consultation and learn how we can assist you with your request for access to personal accounts under NYLL 201-I.