Assembly Bill A1180A

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

                                 1180--A
                                                        Cal. No. 189

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. ROSENTHAL, MAISEL, JAFFEE, ZEBROWSKI, GOTTFRIED,
  CAHILL, KELLNER -- Multi-Sponsored by --  M.  of  A.  GALEF,  HEASTIE,
  SCHIMEL  --  read  once  and  referred  to  the  Committee on Labor --
  reported and referred to the  Committee  on  Codes  --  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.

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

                                                           LBD02237-02-3

A. 1180--A                          2

  (B) FOR PURPOSES OF WRITTEN NOTICE REQUIRED BY PARAGRAPH (A)  OF  THIS
SUBDIVISION,  AN  EMPLOYEE  SHALL  BE ADVISED THAT ANY AND ALL TELEPHONE
CONVERSATIONS OR TRANSMISSIONS, ELECTRONIC  MAIL  OR  TRANSMISSIONS,  OR
INTERNET  ACCESS  OR  USAGE  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.