NY State Senate Bill 2015-S6526

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2016	referred to codes

2015-S6526 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §52-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4550
2019-2020: S2131
2021-2022: S5192

2015-S6526 (ACTIVE) - Summary

Relates to electronic mail monitoring of employees.

2015-S6526 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6526

 TITLE OF BILL :

An act to amend the civil rights law, in relation to electronic mail
monitoring of employees

 PURPOSE :

To require employers who engage in employee e-mail monitoring to
provide notice to their employees about such monitoring.

 SUMMARY OF PROVISIONS :

Section 1 amends the civil rights law by adding a new section 52-a,
providing that any employer who monitors or otherwise intercepts
electronic mail or transmissions by an employee shall give prior
written notice upon hiring the employee. The attorney general may
enforce the provisions of this law and any employer found in violation
shall be subject to a maximum penalty of $1,000 for each offense. The
provisions of this law shall not apply to processes performed solely
for computer maintenance and/or protection.

Section 2 provides this act shall take effect on the one hundred
eightieth day after it shall have become a law.

 EXISTING LAW :

Employers are not currently required to provide such notice to
employees.

 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.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

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

2015-S6526 (ACTIVE) - Bill Text download pdf

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

                                  6526

                            I N  S E N A T E

                            January 22, 2016
                               ___________

Introduced  by  Sen. SANDERS -- 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  mail
  monitoring of employees

  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.
  2. (A) ANY EMPLOYER WHO MONITORS OR  OTHERWISE  INTERCEPTS  ELECTRONIC
MAIL  OR  TRANSMISSIONS,  BY  AN  EMPLOYEE  BY  ANY ELECTRONIC DEVICE OR
SYSTEM, SHALL GIVE PRIOR WRITTEN NOTICE UPON HIRING TO ALL EMPLOYEES WHO
ARE SUBJECT TO ELECTRONIC MAIL 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.
  (B)  FOR  PURPOSES OF WRITTEN NOTICE REQUIRED BY PARAGRAPH (A) OF THIS
SUBDIVISION, AN EMPLOYEE SHALL BE ADVISED THAT ANY  AND  ALL  ELECTRONIC
MAIL OR TRANSMISSIONS BY AN EMPLOYEE BY ANY ELECTRONIC DEVICE OR SYSTEM,
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 ONE THOUSAND DOLLARS FOR EACH 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 THAT ARE NOT TARGETED TO MONITOR OR INTERCEPT THE ELECTRONIC
MAIL 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.

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

                                                           LBD08946-01-5

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Senate Bill S6526

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S6526 (ACTIVE) - Details

2015-S6526 (ACTIVE) - Summary

2015-S6526 (ACTIVE) - Sponsor Memo

2015-S6526 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6526

Share this bill

Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S6526 (ACTIVE) - Details

2015-S6526 (ACTIVE) - Summary

2015-S6526 (ACTIVE) - Sponsor Memo

2015-S6526 (ACTIVE) - Bill Text download pdf

Comments