Employee computer records. This bill would prohibit an employer from secretly monitoring the electronic mail or other personal computer records generated by an employee. The bill would provide that an employer who intends to inspect, review, or retain any personal electronic mail or any other personal computer records generated by an employee shall prepare and distribute to all employees the employer's workplace privacy and electronic monitoring policies and practices. Because a violation of this prohibition would be a misdemeanor, the bill would impose a state-mandated local program by creating a new crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. Upon distributing these policies and practices, the employer shall require every affected employee to sign or electronically verify that he or she has read, understood, and acknowledges receipt of the policies and practices. If an affected employee to whom the policies and practices have been provided pursuant to this subdivision declines to sign or electronically verify that he or she has read, understood, and acknowledges receipt of the policies and practices, the employer may comply with the requirements of this subdivision by having the person who provided the policies and practices to the affected employee sign and retain a statement to that effect and provide a copy of that statement to the affected employee. By state regulatory authority, employers may listen in to telephone calls for quality assurance or security, but are required to insert a beep tone on the line, or a recorded message notifying the parties that their call is being monitored. Federal law requires any monitoring cease once it is clear the call is of a personal nature.