Cybersecurity Policy Report, New York Legislation Empowers Employees to Access Personal Records, (Sep 10, 2026)

By Tony Foley

New York Gov. Kathy Hochul (D.) signed legislation yesterday that establishes comprehensive rights for employees to access their personal records.

S.B. 3460 (Ch. 293), Reg Sess. (N.Y. 2026), effective Nov. 8, adds section 210-b to the New York Labor Law to give all private and public sector employees the right to access their personnel records. Specifically, the law allows employees a fair opportunity to access their personnel records at least twice per year at all worksites in the state. Employers are required to furnish records with five days of receiving a written request from an employee.

The law also requires employers to notify employees within 10 days when negative information is added to their personnel record. Employees disagreeing with any information in their personnel record may ask their employer to remove or correct it. If no agreement is reached, they may submit a written statement explaining their position for placement in the record. In cases where an employer places information in a record that it knows or should have known to be false, employees have remedies through a collective bargaining agreement, other personnel procedure, or judicial action to have the information expunged. Employers must retain the personnel record of any employee without deletions or expungement of information from the date of employment to three years after termination of employment. If an employer elects to have a written personnel policy regarding terms and conditions of employment, it must continuously maintain the policy at the office of the employer at which personnel matters are administered.

Violations of the law are punishable by a fine from $500 to $2,500. Enforcement authority is vested in the state attorney general. Employers are prohibited from discriminating or retaliating against an employee for exercising their rights under the law.

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