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Who cares
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Sponsors
No co-sponsors yet.
History
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to electronic mail monitoring of employees
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 electronic 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 eightieth day after it shall have become a law.
Existing law
Employers are not currently required to provide such notice to employees.
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.
Legislative history
New bill
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.