Can an employer install hidden cameras and audio surveillance in the workplace?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer install hidden cameras and audio surveillance in the workplace?
I worked in an environment where they had cameras but was later told that they
have audio and they at once had hidden cameras but got rid of them.
Asked on January 9, 2019 under Employment Labor Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Typically there is no prohibition on video suveillance in the workplace absent in areas where there is a "reasonable expectation of privacy", such as in bathrooms or dressing areas. However, in some states such surveillance must be disclosed to workers, although it is no clear if GA is such a state. As for audio recording, consent to such a recording must be obtained. In a minority of states, all paties to a conversation that is being recorded must give their permission. In other states, only 1 party to the conversation must consent. GA is in the latter group. Therefore in order for a conversation to be legally recorded, at minimum 1 person to the conversation must give their permission for it to be recorded. That having been said, if the conversation is in a public place such as a lobby, hallway or other common area, then no consent is required.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Typically there is no prohibition on video suveillance in the workplace absent in areas where there is a "reasonable expectation of privacy", such as in bathrooms or dressing areas. However, in some states such surveillance must be disclosed to workers, although it is no clear if GA is such a state. As for audio recording, consent to such a recording must be obtained. In a minority of states, all paties to a conversation that is being recorded must give their permission. In other states, only 1 party to the conversation must consent. GA is in the latter group. Therefore in order for a conversation to be legally recorded, at minimum 1 person to the conversation must give their permission for it to be recorded. That having been said, if the conversation is in a public place such as a lobby, hallway or other common area, then no consent is required.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.