Video surveillance seems to be all the rage. Everybody is jumping on the camera band wagon. Commercial, industrial or residential, it doesn’t matter. Cameras are everywhere. Anyone can put them in, but they can’t go everywhere. Because of this I- spy explosion, states have been forced to come up with laws regarding their use. They vary from jurisdiction to jurisdiction. To find out what your state’s laws are, contact either the Labor Board or a labor attorney. The Labor Board may be the inexpensive route (my apologies to my attorney friends).
Residential systems are becoming more and more common. Outdoor cameras are used to cover entrances and property. They can be motion activated and have IR (infra-red) capabilities. You have to be careful NOT to be monitoring anything but your property. Monitoring your neighbor’s front door without their consent is a big no-no, and in some states may be a felony.
Inside cameras became more popular as people began hiring nannies. Hence their nick-name Nanny-cams. The UCLA Journal of Law and Technology published an article titled “Nanny-cams and Privacy” by Jessica Sann. Ms. Sann writes:
“States vary on this particular issue, but most agree that a videotaping your nanny without her knowledge is perfectly legal so long as there is no sound. Audio taping without the nanny’s consent is an issue upon which the states are split. ”
Remember, audio recording without consent could be a violation of federal eavesdropping and wiretapping statutes. There are laws that deal with “Invasion of Privacy”. These laws deal with areas of expected privacy. They include bathrooms, locker rooms, dressing/changing rooms, bedrooms and other areas where someone should expect a high level of personal privacy.
Surveillance in the work place is also on the rise. It is not uncommon to see cameras in retail establishments, public spaces and casinos. Cameras on doorways, in warehouses and at sales counters are almost expected. Recording video is usually not illegal if done in a non-private or public place. As mentioned before, check with your state’s particular laws as to what is considered public and private. Bathrooms and changing rooms are pretty much a given, but the courts in some states have determined that employee lunch rooms or break rooms are considered private when it comes to video surveillance.
Whether employees have a right to privacy or not, some may feel that any type of surveillance is the beginning of “Big Brother”. It may not be a bad idea to let them know that surveillance, or the possibility of surveillance may take place in the workplace, whether it is video, audio or another form. You may want them to sign a consent or acknowledgment of this. Some have added this as a new section in their employee handbook.
If you are cognizant of your local and federal laws, and are respectful of the people who work for you, then the issue of surveillance may not be an issue at all.
Until next time…
