On November 8, 2021, New York Governor Kathy Hochul signed into law an amendment to the New York Civil Rights Law that requires employers with places of business in the state to provide prior notice concerning the monitoring of employee telephone, email, or internet usage. Although the amendment will not take effect until May 7, 2022, employers may wish to begin updating their policies and implementing systems to furnish the required disclosures in advance of the amendment’s effective date.
The law applies to any private individual or entity with a place of business in New York.
The law applies broadly to 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.” Given this broad definition, it is likely that most private employers in the state will be impacted by the law.
Despite its broad reach, the law does not cover processes “designed to manage the type or volume of incoming or outgoing electronic mail or telephone voice mail or internet usage.” The law also does not apply to processes “that are not targeted to monitor or intercept the electronic mail or telephone...
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