Bill Text: NY A01920 | 2019-2020 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2020-01-21 - amended on third reading 1920a [A01920 Detail]
Download: New_York-2019-A01920-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1920--A Cal. No. 87 2019-2020 Regular Sessions IN ASSEMBLY January 18, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, JAFFEE, ZEBROWSKI, GOTTFRIED, CAHILL, PERRY, WEPRIN, COLTON, ABINANTI, DE LA ROSA, CRUZ -- Multi- Sponsored by -- M. of A. GALEF -- read once and referred to the Committee on Labor -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading 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-c to read as follows: 3 § 52-c. 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. 20 (b) For purposes of written notice required by paragraph (a) of this 21 subdivision, an employee shall be advised that any and all telephone 22 conversations or transmissions, electronic mail or transmissions, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04615-02-0A. 1920--A 2 1 internet access or usage by an employee by any electronic device or 2 system, including but not limited to the use of a computer, telephone, 3 wire, radio or electromagnetic, photoelectronic or photo-optical systems 4 may be subject to monitoring at any and all times and by any lawful 5 means. 6 3. The attorney general may enforce the provisions of this section. 7 Any employer found to be in violation of this section shall be subject 8 to a maximum civil penalty of five hundred dollars for the first 9 offense, one thousand dollars for the second offense and three thousand 10 dollars for the third and each subsequent offense. 11 4. The provisions of this section shall not apply to processes that 12 are designed to manage the type or volume of incoming or outgoing elec- 13 tronic mail or telephone voice mail or internet usage, that are not 14 targeted to monitor or intercept the electronic mail or telephone voice 15 mail or internet usage of a particular individual, and that are 16 performed solely for the purpose of computer system maintenance and/or 17 protection. 18 § 2. This act shall take effect on the one hundred eightieth day after 19 it shall have become a law.
