New state law limits video surveillance

Business First | July 17, 2006

Gov. Pataki has signed a bill to penalize employers who have set up video-monitoring devices in rooms where workers to change their clothes.

The bill was sponsored by state Sen. George Maziarz, a Niagara County Republican.

It acknowledges that modern electronics has brought a new generation of unobtrusive video and audio devices into use. The chances of employees knowing that they are being videotaped has diminished as the devices have become more sophisticated.

Maziarz and co-sponsors of the bill argued that employees have the expectation of privacy when employers set aside changing rooms, rest rooms or locker rooms for them.

Debate over the bill centered around legitimate employer monitoring of employee activities -- to prevent theft, for instance, or to verify that people are at their work stations doing their jobs -- and when it becomes unfair eavesdropping.

The new law allows workers to sue employers in civil cases seeking damages, attorneys' fees and an injunction preventing further improper monitoring.

The bill allows video or audio surveillance of changing rooms if authorities are acting under a court order.

The new law takes effect immediately.

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