['Privacy and Data Security']
['Privacy and Data Security']
11/01/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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It depends. Generally, employers may make video-only recordings in the workplace. It’s a matter of whether employees’ privacy would be invaded, the business reason for making the recordings, and the extent to which employees have a reasonable expectation of privacy.
Video-only recording for safety or productivity reasons, or to deter theft, will generally be valid business reasons for recording. It is likely employees wouldn’t have a reasonable expectation of privacy in open or public areas. This includes workspaces, offices, hallways, shop floors, parking lots, etc. These are areas where employees could encounter others and expect to be seen. So, typically, the employer can record video in these areas.
Employers are not required to notify employees or get their consent for video-only recording in these “open” areas, but they could. For example, a policy statement might say: “The company reserves the right to install surveillance cameras for legitimate business purposes such as ensuring security or preventing theft.”
Areas where the employer may not record in the workplace would include areas where an employee’s expectation of privacy is higher, like restrooms and locker rooms. Such recordings would likely be considered an invasion of an employee’s privacy.
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