Requires prior written notice upon hiring to all employees, informing them of the types of electronic monitoring which may occur; provides employers shall also post the notice of electronic monitoring.
STATE OF NEW YORK
________________________________________________________________________
5112--A
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
___________
Introduced by M. of A. L. ROSENTHAL, JAFFEE, ZEBROWSKI, GOTTFRIED,
CAHILL, PERRY, WEPRIN, COLTON, ABINANTI -- Multi-Sponsored by -- M. of
A. GALEF -- read once and referred to the Committee on Labor -- recom-
mitted to the Committee on Labor in accordance with Assembly Rule 3,
sec. 2 -- reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil rights law, in relation to electronic monitor-
ing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil rights law is amended by adding a new section
2 52-b to read as follows:
3 § 52-b. Employers engaged in electronic monitoring; prior notice
4 required. 1. For purposes of this section, employer means any individ-
5 ual, corporation, partnership, firm, or association with a place of
6 business in the state. It shall not include the state or any political
7 subdivision of the state.
8 2. (a) Any employer who monitors or otherwise intercepts telephone
9 conversations or transmissions, electronic mail or transmissions, or
10 internet access or usage of or by an employee by any electronic device
11 or system, including but not limited to the use of a computer, tele-
12 phone, wire, radio, or electromagnetic, photoelectronic or photo-optical
13 systems, shall give prior written notice upon hiring to all employees
14 who are subject to electronic monitoring. The notice required by this
15 subdivision shall be in writing, in an electronic record, or in another
16 electronic form and acknowledged by the employee either in writing or
17 electronically. Each employer shall also post the notice of electronic
18 monitoring in a conspicuous place which is readily available for viewing
19 by its employees who are subject to electronic monitoring.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05086-02-8
A. 5112--A 2
1 (b) For purposes of written notice required by paragraph (a) of this
2 subdivision, an employee shall be advised that any and all telephone
3 conversations or transmissions, electronic mail or transmissions, or
4 internet access or usage by an employee by any electronic device or
5 system, including but not limited to the use of a computer, telephone,
6 wire, radio or electromagnetic, photoelectronic or photo-optical systems
7 may be subject to monitoring at any and all times and by any lawful
8 means.
9 3. The attorney general may enforce the provisions of this section.
10 Any employer found to be in violation of this section shall be subject
11 to a maximum civil penalty of five hundred dollars for the first
12 offense, one thousand dollars for the second offense and three thousand
13 dollars for the third and each subsequent offense.
14 4. The provisions of this section shall not apply to processes that
15 are designed to manage the type or volume of incoming or outgoing elec-
16 tronic mail or telephone voice mail or internet usage, that are not
17 targeted to monitor or intercept the electronic mail or telephone voice
18 mail or internet usage of a particular individual, and that are
19 performed solely for the purpose of computer system maintenance and/or
20 protection.
21 § 2. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law.
