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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY COHEN, CALTAGIRONE, GEIST, OLIVER, BRENNAN, BROWN, GRUCELA, HALUSKA, KIRKLAND, KORTZ, LONGIETTI, McGEEHAN, M. O'BRIEN, PALLONE, PASHINSKI, READSHAW, SIPTROTH, STABACK, WATERS AND YOUNGBLOOD, FEBRUARY 3, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for exceptions to |
3 | prohibition of interception and disclosure of communications; |
4 | and defining the offense of video or audio monitoring. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 5704(4) of Title 18 of the Pennsylvania |
8 | Consolidated Statutes is amended to read: |
9 | § 5704. Exceptions to prohibition of interception and |
10 | disclosure of communications. |
11 | It shall not be unlawful and no prior court approval shall be |
12 | required under this chapter for: |
13 | * * * |
14 | (4) A person, to intercept a wire, electronic or oral |
15 | communication, where all parties to the communication have |
16 | given prior consent to such interception. In an employment |
17 | situation, consent of all parties is established only if the |
18 | employer provides clear and conspicuous notice to its |
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1 | employees, in a manner reasonably calculated to provide |
2 | actual notice, describing: |
3 | (i) The form of communication or computer usage that |
4 | will be monitored. |
5 | (ii) The means by which such monitoring will be |
6 | accomplished and the kinds of information that will be |
7 | obtained through such monitoring, including whether |
8 | communications or computer usage not related to the |
9 | employer's business is likely to be monitored. |
10 | (iii) The frequency of such monitoring. |
11 | (iv) How information obtained by such monitoring |
12 | will be stored, used or disclosed. |
13 | * * * |
14 | Section 2. Title 18 is amended by adding a section to read: |
15 | § 5776. Video or audio monitoring. |
16 | (a) Offense defined.--No employer or agent of an employer |
17 | may engage in video or audio monitoring of an employee in a |
18 | bathroom, dressing room, locker room or other areas where |
19 | employees change clothing unless such monitoring is authorized |
20 | by court order. |
21 | (b) Penalty.--An employer who intentionally and knowingly |
22 | violates subsection (a) commits a misdemeanor of the third |
23 | degree. |
24 | Section 3. This act shall take effect in 60 days. |
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