Map employee-monitoring and workplace-surveillance notice duties
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Extract from the client's monitoring description what is monitored, whether it targets a particular employee, and whether notice is already given. Do not conclude that notice is lawful in every state.
- What the lawyer must review
- New York Civil Rights Law section 52-c (the electronic-monitoring section, marked on the Senate site as one of two sections numbered 52-c) requires a private employer with a place of business in the state who monitors or intercepts employee telephone, email or internet access to give prior written notice on hiring, to obtain the employee's written or electronic acknowledgement, and to post the notice. The notice must say that monitoring may occur at any time by any lawful means. The Attorney General enforces it. Civil penalties are 500 dollars for a first offence, 1,000 dollars for a second, and 3,000 dollars for a third and later offence. The section does not apply to processes that only manage the type or volume of mail, voicemail or internet use, are not targeted at a particular individual, and are solely for system maintenance or protection. The California Attorney General states that the CCPA exemptions for employment-related personal information expired on 31 December 2022, so employee information can be personal information under the CCPA. Other states have their own statutes. Opinion 512 and Model Rule 1.6 apply.
- Written for / version
- United States versionUSAU
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes extracting and organising information. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.