Can a local business owner set up a video camera with audio and eavesdrop on my conversation?

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Can a local business owner set up a video camera with audio and eavesdrop on my conversation?

My employer has video cameras with audio and eavesdropped on me telling another employee something I knew there was video but I was never informed of audio until he called to harass me saying everything I said word for word.

Asked on October 13, 2016 under Employment Labor Law, New York

Answers:

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

Answered 5 years ago | Contributor

As a general rule, employers must provide notice, in writing, to all employees that audio/video surveillance is being used and where it is being used at the work premises. That having been said, there is no “expectation of privacy” in public areas such as lobbies, conference rooms, stairwells, etc., so recording conversations in these areas is legally permissable. Otherwise, recording without workers' consent is illegal. As these laws can vary from state-to-state, to be certain of all of your rights, you can contact your state's department of labor and/or consult with a local employment law attorney.


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