Employee Monitoring Law Planner
Sources

New York Penal Law article 250 (eavesdropping and surveillance offences)

Law. Placed at New York. Read 30 Sep 2026; 4 provisions cited by the planner.

What does NY Penal Law 250.65, 250.45 and 250.05 require?

Sections 250.45 to 250.60 do not apply to law enforcement personnel on authorised duties, to a security system announced by a prominent written notice on the premises saying video surveillance has been installed for security, or to video devices fitted so that anyone can see them at once. Also cited: s 250.45(3), do not install or use an imaging device to surreptitiously view or record people in bedrooms, changing rooms, fitting rooms, restrooms, toilets, bathrooms, washrooms, showers or guest rooms; s 250.45, do not surreptitiously view, broadcast or record a person dressing or undressing or their intimate parts without consent.

NY Penal Law s 250.65Security video is outside the surveillance offences only with a conspicuous posted notice or clearly obvious cameras

Sections 250.45 to 250.60 do not apply to law enforcement personnel on authorised duties, to a security system announced by a prominent written notice on the premises saying video surveillance has been installed for security, or to video devices fitted so that anyone can see them at once. The compliance duty for any business running security cameras is therefore a posted notice at the premises or plainly visible cameras, and never coverage of the rooms listed in 250.45(3). For the dissemination offences the obscenity-law provisions of sections 235.15(2) and 235.24(1) and (2) apply.

What a reviewer asks to see: Photographs of conspicuous video surveillance notices at entrances and within monitored areas; Camera register distinguishing visible housings from covert devices and the exemption relied on; Signage audit schedule
Where monitoring plans usually fall short: Covert cameras relied on for security with no posted notice; Notice posted at one entrance only; Exemption claimed for cameras that still cover a restroom or changing room
Source: New York Penal Law article 250 (eavesdropping and surveillance offences), read 30 Sep 2026
NY Penal Law s 250.45(3)Do not install or use an imaging device to surreptitiously view or record people in bedrooms, changing rooms, fitting rooms, restrooms, toilets, bathrooms, washrooms, showers or guest rooms

Deliberately using or fitting an imaging device to covertly watch, broadcast or record someone in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom or shower, or in a room assigned to a guest at a hotel, motel or inn, without that person's knowledge or agreement, is the second-degree offence. There is a rebuttable presumption that the actor had no legitimate purpose.

What a reviewer asks to see: Floor plans and camera register showing none of the listed rooms is covered; Hotel, gym and retail procedures for sweeping guest rooms, fitting rooms and locker rooms for devices; Vendor acceptance tests for new installations
Where monitoring plans usually fall short: Cameras in gym locker rooms positioned for theft prevention; Short-term rental hosts with cameras in bedrooms or bathrooms; Fitting-room cameras justified by shrinkage
Source: New York Penal Law article 250 (eavesdropping and surveillance offences), read 30 Sep 2026
NY Penal Law s 250.45Do not surreptitiously view, broadcast or record a person dressing or undressing or their intimate parts without consent

The second-degree offence (class E felony) includes covertly viewing, broadcasting or recording, with an imaging device one uses or installs, a person who is dressing or undressing or that person's intimate parts, in a protected setting and without their knowledge or agreement, for amusement, entertainment or profit, to degrade or abuse, or for sexual arousal or gratification; recording under a person's clothing without consent; and recording in an identifiable manner a person engaged in sexual conduct in a place of reasonable privacy without consent.

What a reviewer asks to see: Camera register confirming no coverage of places where people may disrobe; Approval record for every camera installation with field-of-view photographs; Investigation procedure for reports of hidden devices
Where monitoring plans usually fall short: Cameras in fitting rooms or shower areas installed for loss prevention; Employee personal devices used to record colleagues in changing areas with no response procedure
Source: New York Penal Law article 250 (eavesdropping and surveillance offences), read 30 Sep 2026
NY Penal Law s 250.05Do not wiretap, mechanically overhear a conversation or intercept electronic communications without a party's consent or a warrant

A person who, without lawful authority, wiretaps, mechanically overhears a conversation, or intercepts or accesses electronic communications commits eavesdropping, a class E felony. For a business this means call recording, meeting capture, voicemail and email monitoring and network interception are lawful only where at least one party (for conversations) or the sender or receiver (for telephone and electronic communications) has consented, or an eavesdropping warrant authorises it.

What a reviewer asks to see: Call-recording and meeting-recording procedure showing how consent of a party is obtained and logged; Monitoring policy and acknowledgement for email, voicemail and network interception, establishing the employer as a consenting party or the employee's consent; Register of recording and interception tools with the consent basis for each
Where monitoring plans usually fall short: Recording calls between third parties (customer and vendor) where no participant consented; Network taps capturing personal communications of guests on a shared network; Assuming a posted sign suffices for telephone wiretapping, where sender or receiver consent is required
Source: New York Penal Law article 250 (eavesdropping and surveillance offences), read 30 Sep 2026

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