Known as SB 1841, the bill was introduced by State Senator Debra Bowen and updates California's existing privacy laws by extending current protections for workers using a telephone at their place of work.
According to internetnews.com, the new bill forces employers to give an initial notice in writing to employees, explaining that their use of e-mail or the internet will be monitored, and clarifying what the monitoring will target.
"This doesn't prevent a company from monitoring its employees or from firing people who misuse company equipment. It just says if you monitor workers, at least tell them about it," said Bowen.
The Bill was passed in the Senate by a majority of 23-13 and is likely to be heard in the Assembly in June, according to CNET News.com.
In the UK, the monitoring of employees' internet and e-mail use is covered by the Data Protection Act and specific legislation on the interception of communications – notably the Regulation of Investigatory Powers Act and its spin-off Lawful Business Practice Regulations.
In issuing guidelines last year to help employers with the UK's regulatory regime, Information Commissioner Richard Thomas said:
"Monitoring in the workplace can be intrusive, whether examining e-mails, recording phone calls or installing CCTV cameras. Employees are entitled to expect that their personal lives remain private and they have a degree of privacy in the work environment."
He continued:
"The fundamental message is that, where monitoring does take place, employees should be made aware of its nature and extent and the reasons for carrying it out. Only in exceptional circumstances will it be appropriate for employers to monitor their employees without their knowledge."
In practice, while UK law does not prohibit the monitoring of employees, it does place restrictions on the way that this may be carried out. Essentially, this means that employees must be made aware that monitoring is being carried out, and that the "adverse impact" of the monitoring must be justified by the benefits.
On the Information Commissioner's site you can find:
Data Protection Code, Part 3: Monitoring at Work (42-page PDF)
Supplementary Guidance (42-page PDF)
Guidance for Small Businesses (7-page PDF)
