Reminder: New York Employers Must Comply with Electronic Surveillance Notices Law by May 7 | Hogan Lovells

Any private employer with a place of business in New York that “monitors or otherwise intercepts” an employee’s telephone conversations, emails, or Internet access or use by “any device or system monitoring” must provide written notice of this activity to all employees subject to this electronic monitoring by May 7, 2022.

As discussed previously, the Electronic Surveillance Notice Act of New York, NY Civ. Rts. L. Section 52-C*2, requires New York employers:

  • provide notice to current employees subject to electronic monitoring, either in writing or electronically;

  • begin giving such notice when hiring new employees subject to electronic monitoring;

  • receive acknowledgment of receipt of the notice from all employees who received the notice, either in writing or electronically; and

  • post the notice of electronic surveillance “in a conspicuous place readily accessible to its employees who are subject to electronic surveillance.

The New York Attorney General’s Office will begin enforcing this law on May 7, 2022, so employers must provide written notice to current and new employees, obtain their acknowledgment, and publish the notice as soon as possible in order to comply with the law by the May 7 deadline.

The content of the notice must include the following language:

[A]ny and any telephone conversations or transmissions, emails or transmissions, or any employee’s Internet access or use by any electronic device or system, including but not limited to use of a computer, telephone, wire, radio or electromagnetic, photoelectronic or photo-optical systems may be subject to surveillance at any time and by any legal means.

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