N.Y. Civil Rights Law § 52-c*2: Employers engaged in electronic monitoring; prior notice required

*§ 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