Is it legal for the employer that has a surveillance camera to also have audio?

Are audio allowed on survellance cameras?

Asked on April 18, 2017 under Employment Labor Law, North Carolina

Answers:

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

Answered 3 years ago | Contributor

So long as employees are informed that a recording is being made, that is enough to cover notice; written consent is not required. The reasoning is that if a worker is told that they are being audio recorded and they continue to report to work, then they have given their tacit approval of such a recording. And in NC, only 1 party to a conversation must agree to its being recorded. Additionally, conversations in public areas (i.e. lobbies, hallways and the like) can be recorded without consent since in such areas there is no "expectation of privacy". As for the surveillance cameras, workers need to be informed of their presence and there can be no recording in "private areas" such as changing, rest or break rooms.


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