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This entry was published on 2021-11-12
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SECTION 52-C*2
Employers engaged in electronic monitoring; prior notice required
Civil Rights (CVR) CHAPTER 6, ARTICLE 5
*§ 52-c. 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. 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,
telephone, 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
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
electronic 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.

* NB There are 2 § 52-c's

* NB Effective May 7, 2022