A.1485 (Rosenthal) / S.1259 (Addabbo)


A.1485 (Rosenthal) / S.1259 (Addabbo)


Requires prior notice and posting of electronic monitoring activity



This bill would require new employee notification and a workplace posting notification if employers electronically monitor employees in the course of business. It would also require a written employee acknowledgement. The Business Council opposes enactment of this legislation.

This bill duplicates existing requirements. Currently, there are both federal and state requirements in place that protect employee privacy and require notification.

New York’s Wiretapping Law , NY Penal law section 250.05, prohibits monitoring, intercepting or accessing electronic communication without consent of one of the parties. Unlike federal law, New York’s Wiretapping Law does not have a business extension exception. Therefore, to avoid criminal penalties, employers must obtain consent from employees to monitor, intercept and access their electronic communications.

On the federal level, the Electronic Communications Privacy Act (ECPA) sets out the provisions for access, use, disclosure, interception and privacy protections of electronic and wire communications.  The ECPA encompasses transmissions of electronic data by computer and prohibits both the interception of electronic communications and access to stored electronic communications.Regarding the monitoring of employee phone calls and e-mail, ECPA creates civil and criminal liability for anyone who “