NY State Senate Bill 2021-S2628

Senate Bill S2628

Signed By Governor

2021-2022 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 Via A430 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 08, 2021	signed chap.583
Oct 27, 2021	delivered to governor
Jun 09, 2021	returned to assembly passed senate 3rd reading cal.965 substituted for s2628
Jun 09, 2021	substituted by a430
May 12, 2021	advanced to third reading
May 11, 2021	2nd report cal.
May 10, 2021	1st report cal.965
Jan 22, 2021	referred to codes

Votes

- Jun 9, 2021 - Floor Vote
  A430
  
  43
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2021
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Savino
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  May 10, 2021 - Codes Committee Vote
  S2628
  
  7
  
  Aye
  
  3
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 10, 2021
      
      aye (7)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Kaminsky
      
      Myrie
      
      nay (3)
      
      Akshar
      
      O'Mara
      
      Palumbo
      
      aye wr (3)
      
      Gallivan
      
      Kavanagh
      
      Savino

co-Sponsors

2021-S2628 (ACTIVE) - Details

See Assembly Version of this Bill:: A430
Law Section:: Civil Rights Law
Laws Affected:: Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3871
2011-2012: A1485
2013-2014: A1180
2015-2016: A995
2017-2018: A5112
2019-2020: S4586, A1920

2021-S2628 (ACTIVE) - Summary

Requires prior written notice upon hiring to all employees, informing them of the types of electronic monitoring which may occur; provides employers shall also post the notice of electronic monitoring.

2021-S2628 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2628

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to electronic monitor-
ing

 
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 elec-
tronic 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 eight-
ieth day after it shall have become a law.

 
EXISTING LAW:

None

 
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 employ-
ees 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 activ-
ity within their organization.

 
LEGISLATIVE HISTORY:

01/22/16 Referred to Codes

 
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.

2021-S2628 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2628
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00537-01-1

 S. 2628                             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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S2628

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Sponsored By

James Sanders Jr.