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A00430 Summary:

BILL NOA00430
 
SAME ASSAME AS S02628
 
SPONSORRosenthal L
 
COSPNSRZebrowski, Gottfried, Cahill, Perry, Weprin, De La Rosa, Cruz, Abinanti, Colton, Simon, Otis, Barron
 
MLTSPNSRGalef
 
Add 52-c, Civ Rts L
 
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.
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A00430 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A430
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the civil rights law, in relation to electronic monitor- ing   PURPOSE: This bill requires private employers who engage in monitoring or inter- cepting electronic communications of any employee by any electronic device or system to provide notice of such monitoring.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the civil rights law by adding a new section 52-c. Subdivision 1 defines for the purposes of the section the term employer, which shall not include the state or any political subdivision of the state. Subdivision 2 requires private employers engaging in electronic monitor- ing, which includes monitoring or otherwise intercepting telephone conversations or transmissions, electronic mail or transmission, or internet usage of or by the employee, by any electronic device or system, to give prior notice to employees in writing, in an electronic record, or in another electronic form. The notice must be acknowledged by the employee either in writing or electronically. Employers are also required to post the notice in a conspicuous place which is readily accessible to employees. The notice shall contain the form of communi- cation and/or computer usage that will be monitored, means by which monitoring will be accomplished, frequency of monitoring, and manner in which the information will be collected, stored, and used. Subdivision 3 allows courts to award damages and reasonable attorneys, fees to a prevailing plaintiff as well as afford injunctive relief against any employer that commits or proposes to commit a violation of this section. Subdivision 4 authorizes the attorney general to enforce the provisions of the section. Any employer in violation of this section shall be subject to a maximum civil penalty of five hundred dollars for the first offense, one thousand dollars for the second offense and three thousand dollars for the third and each subsequent offense. Subdivision 5: This section does not apply to processes undertaken by employers to manage the type or volume of incoming or outgoing electronic mail or telephone voice mail or Internet usage for the purpose of computer system mainte- nance and/or protection. Section two sets forth the effective date.   JUSTIFICATION: Notifying employees of computer monitoring protects employee privacy by making sure that they understand the consequences of inappropriate internet activity. According to the American Management Agency's 2007 Electronic Monitoring and Surveillance Survey, bosses who fired employ- ees for Internet misuse cited the two main reasons as violation of company policy and excessive personal use. By making guidelines of appropriate and inappropriate Internet use public, employees will be less likely to undermine company standards. Companies will retain the right to monitor computer usage, simply with the stipulation that employees are informed of surveillance practices. This knowledge will increase transparency within the organization and help to avoid lawsuits and litigation regarding invasion of privacy. Notification of computer surveillance will permit employees to make informed decisions about their internet use with full knowledge of the ramifications of their actions, while supporting companies' ability to monitor internet activ- ity within their organization.   LEGISLATIVE HISTORY: 2019-20: A.1920-A -Advanced to Third Reading Calendar; S.4586-A -Referred to Codes 2017-18: A.5112-A - Advanced to Third Reading Calendar 2015-16: A.995 - Advanced to Third Reading Calendar; S.7875 - Referred to Investigations and Government Operations 2013-14: A.1180-A -Advanced to Third Reading Calendar; S.4676 - Referred to Codes 2011-12: A.1485-A - Ordered to Third Reading Calendar; S.5364 - Referred to Codes 2009-10: A3871-B - Passed Assembly; S.4755-A - Ordered to Third Reading Calendar 2007-08: A.11105 - Reported to Rules; S.8178 - Referred to Labor   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law.
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A00430 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           430
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  L. ROSENTHAL,  ZEBROWSKI, GOTTFRIED, CAHILL,
          PERRY, WEPRIN, DE LA ROSA, CRUZ, ABINANTI, COLTON  --  Multi-Sponsored
          by  --  M. of A.   GALEF -- read once and referred to the Committee on
          Labor
 
        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.
                                                                   LBD00537-01-1

        A. 430                              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.
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