CHAPTER 403

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 539

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO NOTICE OF MONITORING.

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

Section 1. Amend §705(a), Title 19 of the Delaware Code by adding the phrase "with a place of business in Delaware" immediately following the word "association" as the same appears therein.

Section 2. Amend §705(b), Title 19 of the Delaware Code by deleting said subsection in its entirety, and by substituting in lieu thereof:

"(b) No employer, nor any agent or any 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 a Delaware employee unless the employer either: (1) provides an electronic notice of such monitoring or intercepting policies or activities to the employee at least once during each day the employee accesses the employer provided E-mail or Internet access services; or (2) has first given a one-time notice to the employee of such monitoring or intercepting activity or policies. The notice required by this subsection (b)(2) shall be in writing, in an electronic record, or in another electronic form and acknowledged by the employee either in writing or electronically. The notice required by this subsection shall not apply to activities of any law enforcement officer acting under the order of a Court issued pursuant to Chapter 24 of Title 11."

Approved July 09, 2002