Skip to content
S2131Senate2019-2020 Session

Require Email Monitoring Notice

Official title

“Relates to electronic mail monitoring of employees”

Sponsor James Sanders Jr.SD-10Affects Legal
Status
In Senate Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill requires New York employers to give written notice to employees if their electronic mail is being monitored.

Why it matters

  1. Enhances employee privacy rights by mandating that employers give clear, written notice if their email communications may be monitored. this ensures workers know when their digital activity is under surveillance and can make informed decisions about their workplace communications.

  2. Establishes legal accountability for employers by imposing civil penalties (up to $1,000 per offense) for failing to provide proper notice. , giving the law real enforcement power and encouraging compliance.

  3. Excludes routine IT processes from the notice requirement. , meaning system-wide spam filtering or maintenance that isn’t targeted at individuals does not trigger the notification rule—this balances employee privacy with necessary business operations and cybersecurity.

  4. Empowers the state Attorney General to enforce these rules. , creating a clear avenue for investigating complaints and holding employers accountable, which may deter abuse and promote transparency in workplace monitoring practices.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Require Email Monitoring Notice

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James Sanders Jr.

Senator · Senate District 10

Chair, Banks

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2131

2019-2020 Regular Sessions

IN SENATE

January 22, 2019

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 mail monitoring of employees

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The civil rights law is amended by adding a new section 52-b to read as follows:

§ 52-b. Employers engaged in electronic monitoring; prior notice required. 1. For purposes of this section, employer means any individual, corporation, partnership, firm, or association with a place of business in the state.

2. (a) Any employer who monitors or otherwise intercepts electronic mail or transmissions, by an employee by any electronic device or system, shall give prior written notice upon hiring to all employees who are subject to electronic mail 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.

(b) For purposes of written notice required by paragraph (a) of this subdivision, an employee shall be advised that any and all electronic mail or transmissions by an employee by any electronic device or system, 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 one thousand dollars for each 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 electronic mail that are not targeted to monitor or intercept the electronic

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07098-01-9

S. 2131 2

mail 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.