NY State Senate Bill 2011-S5364

Senate Bill S5364

2011-2012 Legislative Session

Requires prior written notice upon hiring and once annually to all employees, informing them of the types of electronic monitoring which may occur

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
May 12, 2011	referred to codes

co-Sponsors

2011-S5364 (ACTIVE) - Details

See Assembly Version of this Bill:: A1485
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §52-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3871
2013-2014: S4676, A1180
2015-2016: S7875, A995
2017-2018: A5112
2019-2020: A1920
2021-2022: A430

2011-S5364 (ACTIVE) - Summary

Requires prior written notice upon hiring and once annually to all employees, informing them of the types of electronic monitoring which may occur.

2011-S5364 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5364

TITLE OF BILL:
An act
to amend the civil rights law, in relation to electronic monitoring

PURPOSE OR GENERAL IDEA OF BILL:
To require private employers who
engage in monitoring or intercepting electronic communications of any
employee by any electronic device or system to provide notice of such
monitoring.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends the civil rights law by adding a new section 52(a).

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
monitoring, 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 communication 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 maintenance and/or protection.

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 employees 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 activity within
their organization.

PRIOR LEGISLATIVE HISTORY:
Similar legislation A.11105: 07/08. A.3871 of 2009-2010.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one  hundred
eightieth day after it shall have become law.

2011-S5364 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5364

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 12, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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:

  Section  1.  The  civil  rights law is amended by adding a new section
52-a to read as follows:
  S 52-A. EMPLOYERS  ENGAGED  IN  ELECTRONIC  MONITORING;  PRIOR  NOTICE
REQUIRED.  1.  FOR PURPOSES OF THIS SECTION, EMPLOYER MEANS ANY INDIVID-
UAL, CORPORATION, PARTNERSHIP, FIRM, OR  ASSOCIATION  WITH  A  PLACE  OF
BUSINESS  IN  THE STATE. IT SHALL NOT INCLUDE THE STATE OR ANY POLITICAL
SUBDIVISION OF THE STATE.
  2. (A) ANY EMPLOYER WHO MONITORS  OR  OTHERWISE  INTERCEPTS  TELEPHONE
CONVERSATIONS  OR  TRANSMISSIONS,  ELECTRONIC  MAIL OR TRANSMISSIONS, OR
INTERNET ACCESS OR USAGE OF OR BY AN EMPLOYEE BY ANY  ELECTRONIC  DEVICE
OR  SYSTEM,  INCLUDING  BUT  NOT LIMITED TO THE USE OF A COMPUTER, TELE-
PHONE, WIRE, RADIO, OR ELECTROMAGNETIC, PHOTOELECTRONIC OR PHOTO-OPTICAL
SYSTEMS, SHALL GIVE PRIOR WRITTEN NOTICE UPON HIRING  TO  ALL  EMPLOYEES
WHO  ARE  SUBJECT  TO ELECTRONIC MONITORING. THE NOTICE REQUIRED BY THIS
SUBDIVISION SHALL BE IN WRITING, IN AN ELECTRONIC RECORD, OR IN  ANOTHER
ELECTRONIC  FORM  AND  ACKNOWLEDGED BY THE EMPLOYEE EITHER IN WRITING OR
ELECTRONICALLY. EACH EMPLOYER SHALL ALSO POST THE NOTICE  OF  ELECTRONIC
MONITORING IN A CONSPICUOUS PLACE WHICH IS READILY AVAILABLE FOR VIEWING
BY ITS EMPLOYEES WHO ARE SUBJECT TO ELECTRONIC MONITORING.
  (B)  FOR  PURPOSES OF WRITTEN NOTICE REQUIRED BY PARAGRAPH (A) OF THIS
SUBDIVISION, AN EMPLOYEE SHALL BE ADVISED THAT  ANY  AND  ALL  TELEPHONE
CONVERSATIONS  OR  TRANSMISSIONS,  ELECTRONIC  MAIL OR TRANSMISSIONS, OR
INTERNET ACCESS OR USAGE OF BY AN EMPLOYEE BY ANY ELECTRONIC  DEVICE  OR
SYSTEM,  INCLUDING  BUT NOT LIMITED TO THE USE OF A COMPUTER, TELEPHONE,
WIRE, RADIO OR ELECTROMAGNETIC, PHOTOELECTRONIC OR PHOTO-OPTICAL SYSTEMS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01390-03-1

S. 5364                             2

MAY BE SUBJECT TO MONITORING AT ANY AND ALL  TIMES  AND  BY  ANY  LAWFUL
MEANS.
  3.  THE  ATTORNEY  GENERAL MAY ENFORCE THE PROVISIONS OF THIS SECTION.
ANY EMPLOYER FOUND TO BE 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.
  4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO PROCESSES THAT
ARE DESIGNED TO MANAGE THE TYPE OR VOLUME OF INCOMING OR OUTGOING  ELEC-
TRONIC  MAIL  OR  TELEPHONE  VOICE  MAIL OR INTERNET USAGE, THAT ARE NOT
TARGETED TO MONITOR OR INTERCEPT THE ELECTRONIC MAIL OR TELEPHONE  VOICE
MAIL  OR  INTERNET  USAGE  OF  A  PARTICULAR  INDIVIDUAL,  AND  THAT ARE
PERFORMED SOLELY FOR THE PURPOSE OF COMPUTER SYSTEM  MAINTENANCE  AND/OR
PROTECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5364

Share this bill

Sponsored By

Joseph E. Robach