Privacy - New York

Summary of differences between federal and state regulations

On May 7, 2022 new amendments to the New York Civil Rights Law requiring New York employers to provide notice of electronic monitoring to employees went into effect. The new law (§ 52-c. ) applies to "[a]ny employer who monitors or otherwise intercepts telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage of or by an employee by any electronic device or system …" Most private employers, regardless of size, are covered by the law. Covered employers are required to:

• Provide notice of monitoring to all new employees upon hiring. This notice must be in writing, electronic record or another form and must be acknowledged in writing or in an electronic form. Such written or electronic acknowledgement is not required for existing employees.
• Post a notice of their electronic monitoring in a "conspicuous place" which is readily available for viewing by all employees subject to the electronic monitoring.

Employers are subject to a maximum civil penalty of $500 for their first violation, $1,000 for their second violation and $3,000 for each subsequent violation.

New York has a law prohibiting employers from video recording employees in work site restrooms, locker rooms, or employer designated changing rooms without a court order. (New York Labor Law §203-c)

New York labor law also restricts employers' use and distribution of employees' social security numbers and other “personally identifying information.” Unless otherwise required by law, New York Labor Law §203-d prohibits employers from:

• Publicly posting or displaying an employee's social security number;
• Visibly printing a social security number on any identification badge or card, including time cards;
• Using an employee's social security number as an identification number for the purposes of any occupational licensing;
• Communicating employees' personally identifying information to the general public, including:
  
  • Social security number
  • Home address or telephone number
  • Personal e-mail address
  • Internet identification name or password
  • Parents' surnames prior to marriage
  • Drivers' license number.

The law imposes a civil penalty of up to $500 for any knowing violation of the statute. A violation will be presumed to be "knowing" if an employer failed to establish any policies or procedures to safeguard against such a violation, including procedures to notify relevant employees of the law.

State

Contacts

New York State Department of Labor

Regulations

Laws of New York, Labor Law, Article 7 - General Provisions, §203-c

Laws of New York, Labor Law, Article 7 – General Provisions, §203-d

Federal

Contacts

None.

Regulations

None.