Is written consent required to record audio via camera system?

Asked on April 12, 2017 under Employment Labor Law, New Hampshire

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. That having been said, in NH, all parties to a conversation must agree being recorded. So if the conversation is between co-workers then, as stated above, so long as they are informed in advance of company audio recording policy, then their approval is implied. However, if the conversation is with a 3rd party (i.e. a customer or client), then their approval to be recorded would be needed. The exception being that 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 camersa, workers need to be informed of their presence, although there can be no recording in "private areas" such as changing, break or rest rooms.

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. That having been said, in NH, all parties to a conversation must agree being recorded. So if the conversation is between co-workers then, as stated above, so long as they are informed in advance of company audio recording policy, then their approval is implied. However, if the conversation is with a 3rd party (i.e. a customer or client), then their approval to be recorded would be needed. The exception being that 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 camersa, workers need to be informed of their presence, although there can be no recording in "private areas" such as changing, break or rest rooms.


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