NY State Senate Bill S4586A

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2020	print number 4586a
Jan 21, 2020	amend and recommit to codes
Jan 08, 2020	referred to codes
Mar 15, 2019	referred to codes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S4586 - Details

See Assembly Version of this Bill:: A1920
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3871
2011-2012: A1485
2013-2014: A1180
2015-2016: A995
2017-2018: A5112
2021-2022: S2628, A430

S4586 - Summary

Requires prior written notice upon hiring to all employees, informing them of the types of electronic monitoring which may occur; provides employers shall also post the notice of electronic monitoring.

S4586 - Sponsor Memo

 
BILL NUMBER: S4586

SPONSOR: SANDERS
 
TITLE OF BILL:  An act to amend the civil rights law, in relation to
electronic monitoring

 
PURPOSE:

This bill requires private employers who engage in monitoring or inter-
cepting electronic communications of any employee by any electronic
device or system to provide notice of such monitoring.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the civil rights law by adding a new section 52(a).

Subdivision 1 defines for the purposes of the section the term employer,
which shall not include the state or any political subdivision of the
state.

Subdivision 2 requires private employers engaging in electronic monitor-

ing, which includes monitoring or otherwise intercepting telephone
conversations or transmissions, electronic mail or transmission, or
internet usage of or by the employee, by any electronic device or
system, to give prior notice to employees in writing, in an electronic
record, or in another electronic form.  The notice must be acknowledged
by the employee either in writing or electronically. Employers are also
required to post the notice in a conspicuous place which is readily
accessible to employees. The notice shall contain the form of communi-
cation and/or computer usage that will be  monitored, means by which
monitoring will be accomplished, frequency of monitoring, and manner in
which the information will be collected, stored, and used.

Subdivision 3 allows courts to award damages and reasonable attorneys'
fees to a prevailing plaintiff as well as afford injunctive relief
against any employer that commits or proposes to commit a violation of
this section.

Subdivision 4 authorizes the attorney general to enforce the provisions
of the section. Any employer 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.

Subdivision 5: This section does not apply to processes undertaken by
employers to manage the type or volume of incoming or outgoing electron-
ic mail or telephone voice mail or Internet usage for the purpose of
computer system maintenance and/or protection.

Section two sets forth the effective date.

 
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:

2017-18: A.5112-A - Advanced to Third Reading Calendar
2015-16: A.995 - Advanced to Third Reading Calendar; S.7875 - Referred
to Investigations and Government Operations
2013-14: A.1180-A - Advanced to Third Reading Calendar; S.4676 Referred
to Codes
2011-12: A.1485-A - Ordered to Third Reading Calendar; 5.5364 - Referred
to Codes
2009-10: A.3871-B - Passed Assembly; S.4755-A - Ordered to Third Reading
Calendar
2007-08: A.11105 - Reported to Rules; S.8178 - Referred to Labor

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

S4586 - Bill Text download pdf


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

                                  4586

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 15, 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 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.
  (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

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

                                                           LBD04615-01-9

S. 4586                             2

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.

Co-Sponsors

S4586A (ACTIVE) - Details

See Assembly Version of this Bill:: A1920
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3871
2011-2012: A1485
2013-2014: A1180
2015-2016: A995
2017-2018: A5112
2021-2022: S2628, A430

S4586A (ACTIVE) - Summary

S4586A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4586A

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to electronic monitor-
ing

 
PURPOSE:

This bill requires private employers who engage in monitoring or inter-
cepting electronic communications of any employee by any electronic
device or system to provide notice of such monitoring.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the civil rights law by adding a new section 52(a).

Subdivision 1 defines for the purposes of the section the term employer,
which shall not include the state or any political subdivision of the
state.

Subdivision 2 requires private employers engaging in electronic monitor-
ing, which includes monitoring or otherwise intercepting telephone
conversations or transmissions, electronic mail or transmission, or
internet usage of or by the employee, by any electronic device or
system, to give prior notice to employees in writing, in an electronic
record, or in another electronic form. The notice must be acknowledged
by the employee either in writing or electronically. Employers are also
required to post the notice in a conspicuous place which is readily
accessible to employees. The notice shall contain the form of communi-
cation and/or computer usage that will be monitored, means by which
monitoring will be accomplished, frequency of monitoring, and manner in
which the information will be collected, stored, and used.

Subdivision 3 allows courts to award damages and reasonable attorneys,
fees to a prevailing plaintiff as well as afford injunctive relief
against any employer that commits or proposes to commit a violation of
this section.

Subdivision 4 authorizes the attorney general to enforce the provisions
of the section. Any employer 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.  Subdivision 5: This
section does not apply to processes undertaken by employers to manage
the type or volume of incoming or outgoing electronic mail or telephone
voice mail or Internet usage for the purpose of computer system mainte-
nance and/or protection.

Section two sets forth the effective date.

 
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:

2017-18: A.51 12-A - Advanced to Third Reading Calendar
2015-16: A.995 - Advanced to Third Reading Calendar; 5.7875 - Referred
to Investigations and Government Operations
2013-14: A.1 180-A - Advanced to Third Reading Calendar; S.4676 -
Referred to Codes
2011-12: A.1485-A - Ordered to Third Reading Calendar; S.5364 - Referred
to Codes
2009-10: A.3871-B - Passed Assembly; S.4755-A - Ordered to Third Reading
Calendar
2007-08: A.I1105 - Reported to Rules; 5.8178 - Referred to Labor

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

S4586A (ACTIVE) - Bill Text download pdf


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

                                 4586--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 15, 2019
                               ___________

Introduced  by Sens. SANDERS, GOUNARDES -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Codes  --
  recommitted  to  the Committee on Codes in accordance with Senate Rule
  6, sec. 8 -- 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-c to read as follows:
  §  52-C.  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
CONVERSATIONS OR TRANSMISSIONS, ELECTRONIC  MAIL  OR  TRANSMISSIONS,  OR

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

                                                           LBD04615-03-0

S. 4586--A                          2

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.

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The New York State Senate

senate Bill S4586A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S4586 - Details

S4586 - Summary

S4586 - Sponsor Memo

S4586 - Bill Text download pdf

Co-Sponsors

S4586A (ACTIVE) - Details

S4586A (ACTIVE) - Summary

S4586A (ACTIVE) - Sponsor Memo

S4586A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4586A

Share this bill

Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

Andrew Gounardes

S4586 - Details

S4586 - Summary

S4586 - Sponsor Memo

S4586 - Bill Text download pdf

Co-Sponsors

Andrew Gounardes

S4586A (ACTIVE) - Details

S4586A (ACTIVE) - Summary

S4586A (ACTIVE) - Sponsor Memo

S4586A (ACTIVE) - Bill Text download pdf

Comments