Video Voyeurism and Surveillance Laws in the Workplace |
Date Added: July 06, 2008 07:03:27 PM |
Author: |
Category: Video Surveillance Laws |
Video Voyeurism and Surveillance Laws in the Workplace Are you thinking about installing Hidden or Surveillance Cameras in your place of business? Many employers consider video and other surveillance key to keeping an honest and productive workplace. It keeps employees on the straight and narrow - no fingers in the till, no time clock funny business, no drinking or drugging on breaks. Many business owners and managers also record or review phone calls and emails from the office. But employers must be careful not to go too far in their surveillance or they will risk being sued by an employee for an invasion of privacy under federal or state law. This article is an overview of the laws applicable to workplace surveillance - you should always talk to your own attorney to determine exactly what the law is in your state. VIDEO SURVEILLANCE If the camera records sound as well as video, you must comply with federal and state wiretapping and eavesdropping laws. You will need consent of one or all parties to any recorded conversation, depending on your jurisdiction. Hidden cameras are a slightly different story. Video recording (without sound) is usually okay, even if the camera is hidden unless the person(s) being recorded has a reasonable expectation of privacy, the taping is done for some illegal purpose or there was trespass to record the video. Courts across the country are finding with more and more frequency that no reasonable expectation of privacy exists with non-covert video surveillance or even with hidden surveillance if the physical space examined is a public space. Note that, if an employer uses union employees, the employer may be required to notify the union of its intention to use hidden cameras, but probably doesn't have to disclose where the cameras will be installed. There is a federal law which makes it a crime to secretly capture photo or video images of people in places and situations in which they have an expectation of privacy. Most states have followed suit. These laws are often referred to as "video voyeurism" statutes. VIDEO VOYEURISM LAWS These laws make it a crime to secretly record or distribute images of people in places where they have a reasonable expectation of privacy, such as bathrooms, dressing rooms, locker rooms, hotel rooms and tanning salons. The federal law prohibits anyone from recording images of an individual's "private areas" without consent when that individual has a reasonable expectation of privacy. Every state in the U.S. now has some legal prohibition of video voyeurism or invasion of privacy, except Iowa and Washington D.C. About half of these statutes actually make this kind of video recording a felony. Many have an even harsher punishment for distributing such videos. You will need to check your home state's particular laws as the courts from state to state may have differing opinions as to what types of places are expected to be private - bathroom and changing rooms may be "no-brainers" but some states' courts have even decided that employee break rooms or lunch rooms are "private" for purposes of video surveillance. OTHER SURVEILLANCE IN THE WORKPLACE Under the federal law, the monitoring of things such as email and phone calls is allowed if either the sender or recipient consents or if it is done in the regular course of business. Employers can monitor only equipment which they own and do not have the right to monitor email hosted by a third party (like web-based email programs. BEST PRACTICES Notices can be made a part of a written, distributed policy or a section in the employee handbook. Employees can even be asked to sign a consent to or acknowledgement of the monitoring. If you are cautious, ethical and respectful of your employees and of the law, video and other surveillance in the workplace can be a wonderful tool to keep your business running smoothly and profitably. Sharon Macdonald, a retired teacher, distributes products to protect our families, property and businesses. You can find more information on Hidden Cameras and Surveillance Equipment by visiting A1-hiddencamera.com Article Source: http://EzineArticles.com/?expert=Sharon_Macdonald |
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