New York recently amended the state’s Civil Rights Law to require employers to provide their employees with prior notice of any telephone, email or internet monitoring. According to the amendment’s sponsor, “notifying employees of computer monitoring protects employee privacy by making sure that they understand the consequences of inappropriate internet activity.” Employers still have the right to monitor any such usage, so long as employees are informed beforehand of any the surveillance. The amendment is effective May 7, 2022.
Any employer in New York must provide the required written notice if the employer monitors or otherwise intercepts telephone conversations or transmissions; electronic mail or transmissions; or internet access or usage of or by any employee by any electronic device or system. This includes monitoring using computers, telephones, wires, radios, or electromagnetic, photoelectronic and photo-optical systems.
An employee must 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.”
Employers must give prior...
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