7/18/2008 State of New York Increases Protection of Employees’ Personal Identifying Information


In May, we informed you of legislation in New York which imposed penalties on employers who failed to secure employees’ social security numbers. Our friends at Seyfarth Shaw LLP have now informed us that the state has now passed a similar law, but this time it concentrates on the internal use of this data. The following excerpt was taken from Seyfarth’s “One Minute Memo”.

The new provision restricts employers’ ability to use or communicate employees’ personal identifying information, a broadly defined term including an employee’s “Social Security number, home address or telephone number, personal electronic mail address, internet identification name [i.e., user ID] or password, parent’s surname prior to marriage, or drivers’ license number.” Specifically, employers cannot, unless otherwise required by law:

  • publicly post or display an employee’s personal identifying information;
  • visibly print any personal identifying information on any employee identification badge or card, including any time card;
  • place personal identifying information in any file with unrestricted access; or
  • otherwise communicate an employee’s personal identifying information to the general public.

Please click here to view the full One-Minute Memo
Please click here to view the full Amendment Text

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Seyfarth Shaw LLP
State of New York Law Enforces the Protection of Social Security Numbers