November 29, 2021

Volume XI, Number 333

Advertisement
Advertisement

New York State Requires Private Employers to Notify Employees of Electronic Monitoring

On November 8, 2021, New York Governor Kathy Hochul signed into law A.430/S.2628 (the “Act”), which requires private employers with a place of business in New York State to provide their employees prior written notice, upon hiring, of any electronic monitoring, as defined in the Act, to which the employees will be subjected by the employer.

Under the Act, covered electronic monitoring encompasses any monitoring or interception of employee telephone conversations, emails and internet usage by the employer through any electronic device or system, including computers, telephones, wires, radios, or electromagnetic, photoelectronic, or photo-optical systems. The Act exempts from the scope of covered monitoring processes that are designed to manage the type or volume of telephone voice mails, emails, or internet usage that are not targeted at monitoring or intercepting the communications of a particular individual, and that are solely for the purpose of computer system maintenance or protection.

The required notice must be in writing, in an electronic record or other electronic form and must be acknowledged by the employee in writing or electronically. Additionally, employers will be required to post the notice in a readily available, conspicuous location, where it can be viewed by the employees subject to electronic monitoring.

The New York attorney general is authorized to enforce the Act, with maximum civil penalties for violations ranging from $500 for a first offense, $1,000 for a second offense, and $3,000 for a third and each subsequent offense.

The Act will become effective 180 days after becoming law, on May 7, 2022.

Copyright © 2021, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XI, Number 316
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

In today’s digital economy, companies face unprecedented challenges in managing privacy and cybersecurity risks associated with the collection, use and disclosure of personal information about their customers and employees. The complex framework of global legal requirements impacting the collection, use and disclosure of personal information makes it imperative that modern businesses have a sophisticated understanding of the issues if they want to effectively compete in today’s economy.

Hunton Andrews Kurth LLP’s privacy and cybersecurity practice helps companies manage data and...

212 309 1223 direct
Advertisement
Advertisement
Advertisement