New York Privacy laws & HR compliance analysis

New York Privacy: What you need to know

New York provides judicial relief for invasion of privacy under Sections 50 and 51 of the New York Civil Rights Law. Section 51 explains that written consent is needed before a person's name, portrait, or picture is used for advertising or trade purposes. Any person violated under these sections may bring an action in the Supreme Court of New York and obtain equitable relief or initiate a lawsuit to recover damages (actual and possibly punitive) for any injuries sustained by reason of such use.
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Employers may not make a video recording of an employee in a restroom, locker room, or room designated by an employer for employees to change their clothes, unless authorized by court order. The law does not prohibit video recording by any law enforcement personnel engaged in the conduct of his or her authorized duties (NY Labor Law Sec. 203-c) .
State law prohibits eavesdropping by way of wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication (NY Penal Law Sec. 250.05).
“Wiretapping” means intentionally overhearing or recording a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of either the sender or receiver, by means of any instrument, device, or equipment. “Intercepting or accessing” means intentionally acquiring, receiving, collecting, overhearing, or recording an electronic communication, without the consent of the sender or intended receiver, by means of any instrument, device, or equipment (NY Penal Law Sec. 250.00 et seq.).
Spying on employees as they engage in concerted activities is an unfair labor practice under state law (NY Labor Law Sec. ...

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