Is it legal for employer to record your conversation in a private bathroom

Employer recording my conversation in
private bathroom

Asked on February 26, 2016 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A video recording in a bathroom is right out. An audio recording that records the sound of private bodily functions is likely also improper, as a violation of reasonable privacy expectations. A recording *just* of a conversation would be legal if at least one participant in the conversation (which could include the person making the recording) consents to it, but not otherwise; in your state, conversations may only recordeded with the consent of at least one party to the conversation. So if you talk to coworker John/Jane Doe and there is an audio recording made by someone not there, if neither your nor John/Jane consent, it is a violation of the law and a criminal act.


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