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

1 Co-sponsor

• Ruth Hassell-Thompson

BILL NUMBER:S5364

Title of bill

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

Purpose or general idea of bill

To require private employers who engage 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 conspicuous place which is readily accessible to employees. The notice shall contain the form of communication and/or computer usage that will be monitored, means by which monitoring will be accomplished, frequency of monitoring, and manner in which the information will be collected, stored, and used.

Subdivision 3 allows courts to award damages and reasonable attorneys, fees to a prevailing plaintiff as well as afford injunctive relief against any employer that commits or proposes to commit a violation of this section.

Subdivision 4 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 5: This section 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

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 employees 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 activity within their organization.

Prior legislative history

Similar legislation A.11105: 07/08. A.3871 of 2009-2010.

Fiscal implications

None.

Effective date

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