S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1920--A
                                                          Cal. No. 87
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2019
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL,  JAFFEE, ZEBROWSKI, GOTTFRIED,
   CAHILL, PERRY, WEPRIN, COLTON, ABINANTI, DE LA ROSA,  CRUZ  --  Multi-
   Sponsored  by  --  M.    of  A. GALEF -- read once and referred to the
   Committee on Labor -- ordered to a third reading, amended and  ordered
   reprinted, retaining its place on the order of third reading
 
 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-c to read as follows:
   §  52-C.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04615-02-0

 A. 1920--A                          2
 
 INTERNET  ACCESS  OR  USAGE  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
 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.