The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1485--A
                                                        Cal. No. 243

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, MAISEL, JAFFEE, ZEBROWSKI, REILLY,
  GOTTFRIED, CAHILL, KELLNER -- Multi-Sponsored by -- M.  of  A.  GALEF,
  HEASTIE,  PHEFFER, P. RIVERA, SCHIMEL -- read once and referred to the
  Committee on Labor -- reported from committee,  advanced  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

AN ACT to amend the civil rights law, in relation to electronic monitor-
  ing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  civil  rights law is amended by adding a new section
52-a to read as follows:
  S 52-A. EMPLOYERS  ENGAGED  IN  ELECTRONIC  MONITORING;  PRIOR  NOTICE
REQUIRED.  1.  FOR PURPOSES OF THIS SECTION, EMPLOYER MEANS ANY INDIVID-
UAL, CORPORATION, PARTNERSHIP, FIRM, OR  ASSOCIATION  WITH  A  PLACE  OF
BUSINESS  IN  THE STATE. IT SHALL NOT INCLUDE THE STATE OR ANY POLITICAL
SUBDIVISION OF THE STATE.
  2. (A) ANY EMPLOYER WHO MONITORS  OR  OTHERWISE  INTERCEPTS  TELEPHONE
CONVERSATIONS  OR  TRANSMISSIONS,  ELECTRONIC  MAIL OR TRANSMISSIONS, OR
INTERNET ACCESS OR USAGE OF OR BY AN EMPLOYEE BY ANY  ELECTRONIC  DEVICE
OR  SYSTEM,  INCLUDING  BUT  NOT LIMITED TO THE USE OF A COMPUTER, TELE-
PHONE, WIRE, RADIO, OR ELECTROMAGNETIC, PHOTOELECTRONIC OR PHOTO-OPTICAL
SYSTEMS, SHALL GIVE PRIOR WRITTEN NOTICE UPON HIRING  TO  ALL  EMPLOYEES
WHO  ARE  SUBJECT  TO ELECTRONIC 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. EACH EMPLOYER SHALL ALSO POST THE NOTICE  OF  ELECTRONIC
MONITORING IN A CONSPICUOUS PLACE WHICH IS READILY AVAILABLE FOR VIEWING
BY ITS EMPLOYEES WHO ARE SUBJECT TO ELECTRONIC MONITORING.
  (B)  FOR  PURPOSES OF WRITTEN NOTICE REQUIRED BY PARAGRAPH (A) OF THIS
SUBDIVISION, AN EMPLOYEE SHALL BE ADVISED THAT  ANY  AND  ALL  TELEPHONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01390-02-1

A. 1485--A                          2

CONVERSATIONS  OR  TRANSMISSIONS,  ELECTRONIC  MAIL OR TRANSMISSIONS, OR
INTERNET ACCESS OR USAGE OF BY AN EMPLOYEE BY ANY ELECTRONIC  DEVICE  OR
SYSTEM,  INCLUDING  BUT NOT LIMITED TO THE USE OF A COMPUTER, TELEPHONE,
WIRE, RADIO OR ELECTROMAGNETIC, PHOTOELECTRONIC OR PHOTO-OPTICAL SYSTEMS
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  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.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  PROCESSES  THAT
ARE  DESIGNED TO MANAGE THE TYPE OR VOLUME OF INCOMING OR OUTGOING ELEC-
TRONIC MAIL OR TELEPHONE VOICE MAIL OR  INTERNET  USAGE,  THAT  ARE  NOT
TARGETED  TO MONITOR OR INTERCEPT THE ELECTRONIC MAIL OR TELEPHONE VOICE
MAIL OR  INTERNET  USAGE  OF  A  PARTICULAR  INDIVIDUAL,  AND  THAT  ARE
PERFORMED  SOLELY  FOR THE PURPOSE OF COMPUTER SYSTEM MAINTENANCE AND/OR
PROTECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.