Can an employer install hidden cameras and audio surveillance in the workplace?

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Can an employer install hidden cameras and audio surveillance in the workplace?

I worked in an environment where they had cameras but was later told that they
have audio and they at once had hidden cameras but got rid of them.

Asked on January 9, 2019 under Employment Labor Law, Georgia

Answers:

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

Answered 2 years ago | Contributor

Typically there is no prohibition on video suveillance in the workplace absent in areas where there is a "reasonable expectation of privacy", such as in bathrooms or dressing areas. However, in some states such surveillance must be disclosed to workers, although it is no clear if GA is such a state. As for audio recording, consent to such a recording must be obtained. In a minority of states, all paties to a conversation that is being recorded must give their permission. In other states, only 1 party to the conversation must consent. GA is in the latter group. Therefore in order for a conversation to be legally recorded, at minimum 1 person to the conversation must give their permission for it to be recorded. That having been said, if the conversation is in a public place such as a lobby, hallway or other common area, then no consent is required.

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

Answered 2 years ago | Contributor

Typically there is no prohibition on video suveillance in the workplace absent in areas where there is a "reasonable expectation of privacy", such as in bathrooms or dressing areas. However, in some states such surveillance must be disclosed to workers, although it is no clear if GA is such a state. As for audio recording, consent to such a recording must be obtained. In a minority of states, all paties to a conversation that is being recorded must give their permission. In other states, only 1 party to the conversation must consent. GA is in the latter group. Therefore in order for a conversation to be legally recorded, at minimum 1 person to the conversation must give their permission for it to be recorded. That having been said, if the conversation is in a public place such as a lobby, hallway or other common area, then no consent is required.


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