Video Voyeurism and Surveillance Laws in the workplace

Think about the installation of hidden surveillance cameras or in your company? Many employers consider video and other surveillance key to an honest and productive workplace. He keeps people on the straight and narrow - no fingers in the till, no time clock funny business, no drinking or drugged on breaks. Many entrepreneurs and managers also record or your calls and emails from the office.

But employers must be careful not to go too far in theirMonitoring, or they will be sued as a threat by an employee for an invasion of privacy under federal or state law. This article gives an overview of the laws for workplace surveillance - you should always speak with your own attorney to determine what exactly is the law in your state.

VIDEO SURVEILLANCE

There are several variables when considering video surveillance in your company. Your choices include traditional and visible dome surveillance cameras or hidden cameraswith or without audio. Each of these variables has potential legal implications. Visible cameras (in any way) are illegal hidden usually not when they are in a non-private are available.

When the camera recording and video sound, you must comply with federal and state eavesdropping and interception laws. You need the consent of one or all parties not to a recorded conversation, depending on the jurisdiction.

Hidden Cameras are a slightly different story. Video recording(is) without sound, usually in the order, even if the camera hidden, unless the person (s) who are just a legitimate expectation of privacy is the tape for some illegal purpose to do or there was misconduct to the Video recording.

Find Courts around the country are providing more and more frequency that no reasonable grounds for believing there is no privacy with the covert video surveillance or even with hidden surveillance if the physical space is investigated, a public space. Note that if an employer usesUnion employees, the employer may be required to use the union of its intention, hidden cameras, but not likely to spread if the cameras are installed.

It is a federal law which is a crime to secretly make photographic or video images of the host people in places and situations where it is an expectation of privacy. Most states have followed suit. These laws are often referred to as "video voyeurism" statutes referred to.

VIDEO voyeurism LAWS

As you cansee advanced surveillance technology are far enough in recent years that excellent cameras can be completely hidden from view in a number of different ways. These spy cameras are a great tool for many employers, but can also be used inappropriately. The federal government and most states have recently passed "video voyeurism" laws.

These laws make it a crime to secretly capture images of people or in places where they are a reasonable expectation of privacy, for example, distribute bathsDressing rooms, locker rooms, hotel rooms and tanning salons.

The federal law prohibits anyone from taking pictures of a "private individual" if, without the consent of that individual has a reasonable expectation of privacy. Every state in the U.S. now has some legal prohibition of video voyeurism and invasion of privacy, except Iowa and Washington DC About half of these statutes effectively to this kind of video recording of a crime. Many have an even tougher penalties forProliferation of such videos.

You need to your home state specific laws as to control the courts from state to state, have different opinions on what kind of jobs are expected, private - bathroom and changing rooms can be "no-brainers" but some states courts have also decided that workers break rooms or cafeterias "private" for the purposes of video surveillance.

OTHER workplace surveillance

The monitoring of electronic communications such as telephone, Voice mail, e-mail and IM will be covered by the federal and interception interception law - the Electronic Communications Privacy Act. The ECPA has several business use exceptions are among the employers to carry out the necessary investigations, protect trade secrets and keep an eye on inventory and receipts.

Under federal law, is the monitoring of things like e-mails and phone calls be made if either the sender or recipient consents or if it is done in the ordinaryBusiness. Employers can only devices that monitor themselves and do not have the right to hosted e-mail monitoring by a third party (such as Web-based e-mail programs.

BEST PRACTICES

Whether they have a right to privacy at work or not, many employees find surveillance of any kind offensive. It's good to be practical for employees with written notification of the existence or the possibility of monitoring provided in the workplace - video, audio or otherwise.

Messages can be made aPart of a written, distributed policy, or a section in the employee handbook. Employees can also be asked to sign a consent or confirmation of the monitoring. If you are cautious, ethical, and respectful of your employees and the law, video and other surveillance measures at the workplace can be a wonderful tool to keep your business smoothly and profitably.

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