S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    430
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (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:
 
   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.
                                                            LBD00537-01-1

 A. 430                              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.