New York Consolidated Laws, Labor Law - LAB § 203-d. Employee personal identifying information

1. An employer shall not unless otherwise required by law:

(a) Publicly post or display an employee's social security number;

(b) Visibly print a social security number on any identification badge or card, including any time card;

(c) Place a social security number in files with unrestricted access;  or

(d) Communicate an employee's personal identifying information to the general public.  For purposes of this section, “personal identifying information” shall include social security number, home address or telephone number, personal electronic mail address, Internet identification name or password, parent's surname prior to marriage, or drivers' license number.

2. A social security number shall not be used as an identification number for purposes of any occupational licensing.

3. The commissioner may impose a civil penalty of up to five hundred dollars on any employer for any knowing violation of this section.  It shall be presumptive evidence that a violation of this section was knowing if the employer has not put in place any policies or procedures to safeguard against such violation, including procedures to notify relevant employees of these provisions.


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