Bill > S998

This bill, concerning consumers and workers, establishes regulations for employers regarding the electronic monitoring of employees, customers, and consumers. It defines "electronic monitoring" as collecting information about employee activities or communications through various technological means, and "personal data" as any information readily associated with an individual. Employers are generally permitted to use electronic surveillance to collect work-related information on their premises, but they must provide prior written notice to all affected individuals, detailing what information will be collected, how, when, where, its intended use, and who will be monitored. Exceptions to this notice requirement exist for situations where an employer has reasonable suspicion of illegal conduct or gross misconduct causing significant harm, provided the employer documents the basis for the monitoring. The bill also mandates that the Director of the Office of Consumer Affairs and Business Regulations will distribute notices to employers informing employees, customers, and consumers about electronic monitoring and their rights, and employers must post these notices conspicuously. Furthermore, employers are prohibited from monitoring private areas like bathrooms and locker rooms, and employees have the right to review their personal data collected through monitoring, with some exceptions for ongoing investigations. The bill also outlines restrictions on how collected data can be used, such as not being the sole basis for performance evaluations or production quotas, and specifies conditions under which this data can be disclosed. Employers are prohibited from retaliating against employees who assert their rights under this act. Enforcement mechanisms include administrative fines levied by the Director, civil actions brought by individuals whose rights are violated, and injunctive relief to prevent violations. The act does not apply to law enforcement agencies conducting criminal investigations and requires compliance with its provisions even when monitoring is performed for another party. The Director is tasked with issuing regulations to implement the act within six months of its enactment.