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DISCERNING DATA

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New Workplace Privacy Legislation Requires New York Private Employers to Inform Employees of Electronic Monitoring

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On November 8, 2021, New York Governor Kathy Hochul signed new workplace privacy legislation (A.430/S.2628) into law. Beginning in May 2022, private employers with a “place of business” in the state of New York will have to inform their employees if the employer “monitors or otherwise intercepts” telephone conversations, e-mail, or internet access or usage “of or by an employee by any electronic device or system.” This legislation does not apply to state or local government employers.

Specifically, employers will have to provide notice of such monitoring “in writing, in an electronic record, or in another electronic form,” and will have to obtain written or electronic employee acknowledgment denoting that the employee knows he or she is being monitored. Employers will also be required to post notice of electronic monitoring “in a conspicuous place,” such that it is “readily available” to employees subject to electronic monitoring.

The statute does not apply to processes that “manage the type or volume” of e-mail, voicemail, and internet usage, that do not target the e-mail, voicemail, and internet usage of a particular individual, and that are performed “solely for the purpose of computer system maintenance and/or protection.”

The statute gives the New York attorney general authority to enforce its provisions. It also sets maximum penalties of $500 for a first offense, $1000 for a second offense, and $3000 for a third and for all subsequent offenses.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.

About the Author: Simonne Brousseau

Simonne Brousseau is an associate in the firm's government and regulatory affairs group. Read Simonne's full bio on the Faegre Drinker website

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December 1, 2021
Written by: Simonne Brousseau
Category: Privacy
Tags: New York

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