An Act to Protect Workers from Employer Surveillance
Maine Legislature, Session 131, LD 0949
Committee: Labor and Housing
Sponsors: ROEDER, BOYER, FAULKINGHAM, GERE, MALON, OSHER, SUPICA, WILLIAMS
Amends: 26 MRSA §600-B

Legislative Document
No. 949
H.P. 596
House of Representatives, March 2, 2023
An Act to Protect Workers from Employer Surveillance
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ROEDER of Bangor.
Cosponsored by Representatives: BOYER of Poland, FAULKINGHAM of Winter Harbor, 
GERE of Kennebunkport, MALON of Biddeford, OSHER of Orono, SUPICA of Bangor, 
WILLIAMS of Bar Harbor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §600-B is enacted to read:
§600-B.  Employer surveillance
1. Employer surveillance defined. For the purposes of this section, unless the context 
otherwise indicates, "employer surveillance" means the use of trackers, cameras, task 
software or other monitoring systems that track the productivity and keystrokes of 
employees.
2. Employer surveillance prohibition; exception. An employer may not use 
employer surveillance except as authorized under subsection 3.
3. Employer surveillance limitations. An employer may use employer surveillance if 
it is strictly necessary to ensure employee health and safety or the security of employer data 
and:
A. It is the least invasive means to accomplish that purpose;
B. It is limited to the smallest number of employees possible and collects the minimum 
amount of employee data necessary;
C.  The employer surveillance is conducted only after the employees have been notified 
as required pursuant to subsection 8; and
D. The employee data collected is accessed only by authorized agents.
4. Audiovisual monitoring restrictions. An employer may not use audiovisual 
monitoring in an employee's residence or personal vehicle or on the employee's property 
as a means of employer surveillance.
5. Employee personal devices. An employee may decline a request by an employer to 
install data collection or transmission applications on an employee's personal electronic 
devices for the purposes of employer surveillance.
6. Provide employee data upon request. An employer shall provide to an employee 
upon receipt of a verifiable request by the employee the following:
A. The purpose and sources of employee data collection;
B. The categories and data components of employee data retained by the employer;
C. Whether employee data collected is related to the employee's essential job functions 
or employment decisions;
D. Whether employee data interacts with an automated decision system; and
E. The names of any 3rd parties from whom employee data is collected or to whom the 
data is disclosed.
7. Notice to prospective employee. An employer using employer surveillance shall 
provide a prospective employee during the employment interview process the information 
contained in subsection 6.
8. Notify employees if beginning surveillance. An employer shall notify its 
employees before beginning the use of employer surveillance.
9. Private right of action. A person aggrieved by a violation of this section has a 
private right of action for injunctive relief and recovery of civil penalties and attorney's 
fees.
SUMMARY
This bill prohibits employer surveillance unless the surveillance is strictly necessary 
for employee health and safety or the security of the employer, with certain limitations. It 
requires employers to provide, upon a verifiable request by an employee, data collected on 
the employee and certain information regarding that data. It specifies that an employer must 
provide notice to its employees prior to beginning employer surveillance. It provides that 
an employee has a private right of action.