On June 4, 2026, Connecticut Governor Ned Lamont signed Public Act No. 26-73 (SB 472), “An Act Concerning the Electronic Surveillance of Employees,” which repeals and replaces Conn. Gen. Stat. § 31-48d. The law takes effect October 1, 2026, and significantly updates Connecticut’s longstanding requirements governing electronic monitoring of employees by employers.
Connecticut has regulated workplace electronic monitoring since 1998, and presently, several states have some form of notice, acknowledgment, and/or consent requirement for organizations engaging in electronic monitoring of their workforce. These states include California, Delaware, Maine, New Jersey, and New York.
Before discussing the updated notice requirements, it is important to note that the new law does not change the definition of electronic monitoring. It remains:
“Electronic monitoring” means the collection of information on an employer’s premises concerning employees’ activities or communications by any means other than direct observation, including the use of a computer, telephone, wire, radio, camera, electromagnetic, photoelectronic or photo-optical systems, but not including the collection of information (A) for security purposes in common areas of the employer’s premises which are held out for use by the public, or (B) which is prohibited under state or federal law.
The use of cameras or the tracking of activities and communications on a company’s information systems quickly come to mind. However,...
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