CHAPTER 148

FORMERLY

HOUSE BILL NO. 75

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Chapter 7, Title 19 of the Delaware Code, by adding a new section as follows:

"§ 705. Notice of monitoring of telephone transmissions, electronic mail, and internet usage.

(a) As used in this section, 'employer' includes any individual, corporation, partnership, firm, association, and the State of Delaware or any agency or political subdivision thereof.

(b) No employer, nor any agent or representative of any employer, shall monitor or otherwise intercept any telephone conversation or transmission, electronic mail or transmission, or internet access or usage of or by an employee unless the employer has first given a one time notice to the employee of such monitoring or intercepting activity. The notice required by this section shall be in writing and signed by the employee, and shall not apply to activities of any law enforcement officer acting under an order of the Court issued pursuant to Chapter 24 of Title 11 of this code.

(c) Whoever violates this section shall be subject to a civil penalty of $100 for each such violation. A civil penalty claim may be filed in any court of competent jurisdiction.

(d) The provisions of this section shall not be deemed to be an exclusive remedy and shall not otherwise limit or bar any person from pursuing any other remedies available under any other law, state or federal statute, or the common law. The violations of this section by an employer shall not be admitted into evidence for the purpose of, or used as, a defense to criminal liability of any person in any Court in this State.

(e) The provisions of this section shall not apply to processes that are designed to manage the type or volume of incoming or outgoing electronic mail or telephone voice mail or internet usage, that are not targeted to monitor or intercept the electronic mail or telephone voice mail or internet usage of a particular individual, and that are performed solely for the purpose of computer system maintenance and/or protection."

Section 2. This Act shall be effective as of 30 days after the date of enactment.

Approved July 10, 2001