Are Hidden Cameras at Work Legal?

Hidden surveillance cameras at work are generally legal for legitimate business purposes. Federal laws don't specifically regulate workplace surveillance. But privacy laws may come into play to protect employees' rights. State laws may also limit where cameras can go. State laws can require employers to notify employees of where and when they may be recorded. You can likely find your company's surveillance policies in your employee handbook.

This article outlines the legal reasons an employer can have a camera in the workplace. This article will discuss relevant privacy laws and workplace surveillance.

Legitimate Reasons for Workplace Video Surveillance

State laws generally govern privacy rights about cameras at work. Under most state laws, an employer needs to have a legitimate business reason to watch employees through video recording. Legitimate reasons include preventing theft and providing security. This is why grocery stores, retail establishments, and banks use security cameras in common areas accessible to the public. But in a regular office setting, it's wise for companies to notify employees of the existence of cameras. The company should also explain why they are using them.

Audio recordings complicate employee monitoring. This is because of the existence of state and federal wiretapping laws. Wiretapping laws may apply regardless of the legitimate reason behind video surveillance. As a result, if video cameras at work also capture sound, employers run the risk of breaking eavesdropping or wiretapping laws.

Location of Cameras at Work

Regardless of the state, private companies have the right to video monitor common workplace areas if it's for a legitimate reason. Placing cameras in common areas where employees have no reasonable expectation of privacy is legal.

But employee privacy rights are not completely surrendered when workers are on the job. Some states ban employers from filming employees in areas where employees would expect privacy. Examples of workplace areas that may have privacy protections in some states include:

• Restrooms
• Changing rooms
• Break rooms
• Locker rooms

States vary on which specific areas of a workplace may be video recorded for legitimate purposes. It's best to consult with a local employment office or your state's labor agency to learn more.

Notice Requirements and Hidden Cameras

Putting up video surveillance without notice or using hidden cameras at work may also violate employee privacy rights. For example, employers must notify employees about video surveillance under Connecticut law. Courts have established similar protections in some other states. Some courts have protected employers' use of hidden cameras in the workplace in certain circumstances.

Employees who get recorded in inappropriate locations or without their knowledge may have grounds for a lawsuit for invasion of privacy. Such lawsuits could result in legal consequences for the employer. Consequences could include financial penalties and reputational damage.

Learn More About Hidden Cameras at Work and Workplace Privacy from a Lawyer

If your employer improperly uses cameras in the workplace, you may have a legal claim against them. If you have been negatively affected by camera surveillance at work, contact a local employment law attorney.