(b) For purposes of written notice required by paragraph (a) of this
subdivision, an employee shall be advised that any and all telephone
conversations or transmissions, electronic mail or transmissions, or
internet access or usage by an employee by any electronic device or
system, including but not limited to the use of a computer, telephone,
wire, radio or electromagnetic, photoelectronic or photo-optical systems
may be subject to monitoring at any and all times and by any lawful
means.
3. The attorney general may enforce the provisions of this section.
Any employer found to be in violation of this section shall be subject
to a maximum civil penalty of five hundred dollars for the first
offense, one thousand dollars for the second offense and three thousand
dollars for the third and each subsequent offense.
4. The provisions of this section shall not apply to processes that
are 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.
* NB There are 2 ยง 52-c's
Structure New York Laws
50-C - Private Right of Action.
50-D - Personnel Records of Court Officers.
50-E - Personnel Records of Bridge and Tunnel Officers, Sergeants and Lieutenants.
51 - Action for Injunction and for Damages.
52 - Televising, Broadcasting or Taking Motion Pictures of Certain Proceedings Prohibited.
52-A - Private Right of Action for Unwarranted Video Imaging of Residential Premises.
52-B - Private Right of Action for Unlawful Dissemination or Publication of an Intimate Image.
52-C*2 - Employers Engaged in Electronic Monitoring; Prior Notice Required.
52-D - Private Right of Action for Unlawful Dissemination or Publication of a Personal Image.