New York Electronic Monitoring
Under New York Civil Rights Act, Section 52-c, private employers who monitor or “otherwise intercept” telephone conversations, e-mails, or internet access or usage must give notice of this activity in writing or electronic form to all employees subject to such electronic monitoring. The notice must be provided upon hire, and employees must provide employers with acknowledgment of the notice either in writing or electronically.
The notice must also be posted in a conspicuous place that is readily accessible to covered employees. As described in the text of the law, employers shall advise employees that:
“[A]ny 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.”
Employers that violate the provisions of this law will be subject to a maximum civil penalty of $500 for the first offense, $1,000 for the second offense, and $3,000 for the third and subsequent offense.