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

3 Co-sponsors

• Kevin S. Parker
• José Peralta
• Toby Ann Stavisky

BILL NUMBER:S1259

Title of bill

An act to amend the civil rights law, in relation to electronic monitoring

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 monitoring, 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 does not apply to processes undertaken by employers to manage the type or volume of incoming or outgoing electronic mail or telephone voice mail or internet usage for the purpose of computer system maintenance and/or protection.

Justification

A report from American Management Agency's 2007 surveillance survey determined employers fired employees for internet misuse based upon cited violation of company policy and excessive personal use. In addition, a Harris poll determined forty percent of five-hundred plus employees to be unaware of their employers' monitoring policy. Employers also have the availability of computer software that can screen and store an employee's computer terminal and bard 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. All these measures presume an employee

is at a disadvantage in recognizing and understanding an employers' monitoring policy.

By requiring employer notification of monitoring or intercepting of information at any and all times through lawful means ensures employee privacy and an understanding of consequences resulting from inappropriate internet activity. Requiring prior written notice of electronic monitoring benefits 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 transparency within the organization and help to avoid lawsuits and litigation regarding invasion of privacy.

Prior legislative history

2009-2010: S.4755 - Passed Codes. Advanced to 3rd Reading Calendar.

Fiscal implications

None. The bill only apply to those employers who have prior electronic monitoring practices.

Effective date

Shall take effect on the one hundred eightieth day after it becomes law.