(1) Notifies each employee or agent subject to interception or monitoring that their telephone messages are subject to interception or monitoring.
(2) Provides telephone instruments for employee's personal use which are not subject to intercepting or monitoring.
Any person, firm or corporation violating the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than two hundred dollars, or imprisoned in the county jail not more than one year, or both fined and imprisoned.
(b) Nothing contained in this section shall require marking of telephone instruments nor require consent to interception or monitoring, in the case of a wiretap or other form of monitoring which is engaged in for the sole purpose of law enforcement and which is lawful in all other respects.
(c) The public service commission shall not issue any rule or regulation requiring or suggesting the monitoring of any message, signal or other communication by telephone to or from any telephone utility customer so as to obtain the content or substance of any such communication.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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