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2021 SESSION
21101994DBe it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 2.2-2817.3 as follows:
§ 2.2-2817.3. State agencies; automatic workforce management verification software.
A. All state agencies with more than 20 full-time teleworking employees shall verify employee hours worked while teleworking for the agency by using software that:
1. Automatically counts and reports the number of keystrokes and mouse events without recording any actual keystrokes or mouse events;
2. Automatically takes screenshots on a regular basis, but not less than once every six minutes; and
3. Meets all state and federal privacy and confidentiality laws and protects all data that is private or confidential to agencies and individual users.
B. Any data collected by such automatic workforce management verification shall be considered personnel records belonging to the agency; however, no agency shall sell or transfer such data or use it for any purpose or in any manner other than to verify and manage hours of telework performed by employees of the agency.