New York Employers Must Provide Notice Before Monitoring Email Or Internet Use – Employment and HR


United States:

New York Employers Must Provide Notice Before Monitoring Email Or Internet Use


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Beginning May 7, 2022, employers in New York who
monitor or otherwise intercept telephone
conversations or transmissions, electronic email
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 to newly hired employees
must be in writing, in an electronic record, or in another
electronic form and acknowledged by the employee either in writing
or electronically.

In addition, New York employers must post a notice of
electronic monitoring
in a conspicuous place which is
readily available for viewing by all employees who are subject to
monitoring. The notice must inform employees that any and all
telephone conversations or transmissions, electronic email or
transmissions, or internet access or usage by an employee by any
electronic device, 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. The attorney general has
authority to enforce violations of this requirement via civil
penalties.

The justification for the new law provides that
“[n]otification of computer surveillance will permit
employees to make informed decisions about their internet use with
full knowledge of the ramifications of their actions, while
supporting companies’ ability to monitor internet activities
within their organization.”

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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