Camera anf audio recording

Is it legal in new jersey law to have
camera and audio recording in a
business office. Do i need to get
employees consents?? The camera is in a
clear view in the office. But I am not
sure if the employees know that it is
audio as well.

Asked on April 25, 2017 under Employment Labor Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, video cameras in the workplace are legal, although employees should be informed that they are there (and clients as well). As for audio recording, in NY, at least 1 party to a conversation must give their consent to its being recorded. Without consent, such a recording it illegal. The exception to consent is if the recording is done in a "public place", so recordings where the general public have access to (i.e. hallways, lobbies, etc.) are permissable under the law. Finally, areas such break, rest or bathrooms are public and no recording of any kind is typically allowed. Bottom line, to play it safe you should post signs notifying that video/audion recording is being conducted.


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