Requires prior written notice upon hiring and once annually to all employees, informing them of the types of electronic monitoring which may occur

5 Co-sponsors

• George Onorato
• Kevin S. Parker
• José Peralta
• Toby Ann Stavisky
• Antoine M. Thompson

BILL NUMBER:S4755A

Title of bill

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

Purpose or general idea of bill

To require employers engaged in monitoring or intercepting electronic communications of any employee by any electronic device or system to provide notice of such monitoring.

Summary of specific provisions

This bill amends the civil rights law by adding a new section 52{a}.

Subdivision 1 defines for the purposes of the section the term employer, which shall not include the state or any political subdivision of the state.

Subdivision 2 requires private employers engaging in electronic monitor- ing, which includes monitoring or otherwise intercepting telephone conversations or transmissions, electronic mail or transmission, or internet usage of or by the employee, by any electronic device or system, to give prior notice to employees in writing, in an electronic record, or in another electronic form. The notice must be acknowledged by the employee either in writing or electronically. Employers are also required to post the notice in a noticeable place which is readily accessible to employees.

In addition, employees shall be advised that any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage of by an employee by any electronic device or system may be subject to monitoring at any and all times and by any lawful means.

Subdivision 3 authorizes the attorney general to enforce the provisions of the section. Any employer 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.

Subdivision 4: This section does not apply to processes undertaken by employers to manage the type or volume of incoming or outgoing electron- ic mail or telephone voice mail or internet usage for the purpose of computer system maintenance and/or protection.

Justification

The American Management Agency's 2007 Electronic Monitoring and Surveil- lance Survey concluded employers who fired employees for internet misuse cited violation of company policy and excessive personal use as their two main reasons. In addition, a Harris poll detailed a general lack of awareness of an employers' monitoring policy from four out of every ten employees from a pool of five-hundred plus employees. Also, present

computer software can allow for employers to see what is on an employ- ee's screen or stored in an employee's computer terminal and hard disk, monitor internet usage such as web-surfing and electronic mail, and monitor idle time or away time from an employee's computer terminal without employee recognition.

To require employer notification of the monitoring or intercepting of information at any and all times- and by any lawful means- ensures employee privacy and an understanding of consequences resulting from inappropriate internet activity. Prior written notice of electronic monitoring will benefit employers as employees will be less likely to undermine company standards. Further, companies will retain the right to monitor computer usage, simply with the stipulation that employees are informed of surveillance practices. This knowledge will increase trans- parency within the organization and help to avoid lawsuits and liti- gation regarding invasion of privacy.

Prior legislative history

New bill.

Fiscal implications

None. The bill shall only apply to those employers who have prior elec- tronic monitoring practices.

Effective date

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