SB0173 - WORKPLACE PRIVACY-MONITORING

1 Co-Sponsor

Amends the Right to Privacy in the Workplace Act. Provides that an employer who engages in any type of electronic monitoring of its employees shall give each employee who may be affected prior written notice of the types of electronic monitoring that may be used by the employer. Requires written notice to be given to an employee upon hiring or before an employer uses electronic monitoring equipment on the employer's premises. Requires the written notice to be acknowledged by the employee either in writing or electronically. Provides that when an employer has reasonable grounds to believe that an employee is engaged in conduct that either violates the law, violates the legal rights of the employer or the employer's other employees, or creates a hostile workplace environment, and electronic monitoring may produce evidence of this misconduct, the employer may conduct electronic monitoring without giving the required notice. Provides that the amendatory Act shall not apply to processes that are designed to manage the type or volume of incoming or outgoing electronic mail, telephone voicemail, or Internet usage that are not designed or intended to monitor or intercept the electronic mail, telephone voicemail, or Internet usage of a particular employee and that are performed solely for the purpose of computer system maintenance or protection.