Monitoring Employees

DonZ

We have a situation where a manager is monitoring employees with a hidden video camera. We have had a few items missing over the last few weeks. I've voiced some concerns on this, especially the audio part and the personal information that will be obtained. Does an employer have the right to use a hidden camera with audio?

Mel in CO

It is my understanding that the employer cannot use a hidden camera with audio. I was also under the impression that an employer can have a camera in the workplace however it cannot be a hidden camera however I could be incorrect on that point. My former employer was a manufacturing facility and we did have video cameras to deter employees from stealing from the organization. However, the video cameras were in plain view of the employees and we were not allowed to record audio. I think that this situation has something to do with wiretapping laws in the US. If I remember correctly also, I think that the organization also has to notify the employee that they are being video taped - I think that we rolled this into our "no expectation of privacy" policy where we also discussed email and internet monitoring. Good Luck!

Phil Dickinson

Yes, the audio recording raises issues under state and federal wiretap and eavesdropping laws. This is especially true when there is no notice that conversations may be recorded. Some states have additional laws providing for notice of electronic monitoring, including video surveillance. Whether use of a hidden video camera is permissible elsewhere depends upon the specific circumstances. Factors other than notice also may reduce the expectation of privacy among employees. For example, employees have a lower expectation of privacy in open work areas than they do in rest rooms or changing areas. Also, limiting surveillance to a particular problem area may be more reasonable than a broader response like searching everyone's desk. On the other hand, criminal investigations by law enforcement officials invoke Fourth Amendment requirements of probable cause and a warrant.

From the author of M.Lee Smith's "Employee Privacy Rights & Wrongs".

Margaret Morford

I'd certainly do away with the audio immediately. I think that may take you out from under the federal wiretapping statutes, but you still need to check your state laws. Also, I think it's hard to argue that you're using the camera for theft purposes when you have audio. All that's necessary is that you observe the behavior. Also, do not put cameras in bathrooms or changing rooms. Again, you should check your state laws about this.

Margaret Morford
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