Senate Bill S5192

2021-2022 Legislative Session

Relates to electronic mail monitoring of employees

download bill text pdf

Sponsored By

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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2021-S5192 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §52-d, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6526
2017-2018: S4550
2019-2020: S2131

2021-S5192 (ACTIVE) - Summary

Requires employers to give written notice to employees about electronic mail monitoring.

2021-S5192 (ACTIVE) - Sponsor Memo

2021-S5192 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5192
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 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-d to read as follows:
   §  52-D.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04408-01-1

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