Bill Text: NY A05112 | 2017-2018 | 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 10-0)

Status: (Introduced - Dead) 2018-04-19 - advanced to third reading cal.740 [A05112 Detail]

Download: New_York-2017-A05112-Amended.html

---

                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.