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Financial Services Law Insights and Observations

New York requires private employers to provide electronic monitoring notice

Privacy/Cyber Risk & Data Security State Issues State Legislation New York

Privacy, Cyber Risk & Data Security

On November 8, the New York governor signed S.2628, which requires employers to notify their employees in writing upon hiring of their intention to monitor or intercept telephone or email conversations or transmissions, or monitor the use or access of other electronic devices. Employers must receive acknowledgement from the employee either in writing or electronically and are also required to post the notice of electronic monitoring in a conspicuous area where it can be viewed by employees. The act applies to any individual, corporation, partnership, firm, or association with a place of business in New York, but does not include the state or political subdivisions of the state. Also exempt are processes “designed to manage the type or volume of incoming or outgoing electronic mail or telephone voice mail or internet usage, that are not targeted to monitor or intercept the electronic mail or telephone voice mail or internet usage of a particular individual, and that are performed solely for the purpose of computer system maintenance and/or protection.” The attorney general is authorized to enforce the act and fine employers found to be in violation of the provisions. The act takes effect in 180 days.