Assembly Bill A5112A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5112--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL,  JAFFEE, ZEBROWSKI, GOTTFRIED,
   CAHILL, PERRY, WEPRIN, COLTON, ABINANTI -- Multi-Sponsored by -- M. of
   A. GALEF -- read once and referred to the Committee on Labor -- recom-
   mitted to the Committee on Labor in accordance with Assembly  Rule  3,
   sec. 2 -- reported and referred to the Committee on Codes -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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-b to read as follows:
   §  52-B.  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.
                                                            LBD05086-02-8
              

 A. 5112--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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.