Can my employer record audio without my consent

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Can my employer record audio without my consent

My employer has been recording the office all day every day and has not informed any of the employees.

Asked on May 18, 2016 under Employment Labor Law, Maryland

Answers:

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

Answered 5 years ago | Contributor

There is no “expectation of privacy” in public areas such as lobbies, stairwells, conference rooms, waiting areas, etc.). Accordingly, recording conversations in such places is legal. Otherwise, recording employees without their knowledge and consent is against the law unless the person recording the conversation is also a party to the conversation (i.e. "1 party consent"), although in some states every party to a conversation must consent to its being recording (i.e. "all party consent"). MD is an all party consent state. At this point, you can contact your state's department of labor and/or consult directly with a local employment law attorney.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, this not legal. Your state is what is known as an "all-party consent" state (sometimes mistakenly called a "two-party consent" state) which means that *everyone* in a conversation must consent, or agree, to be recorded. By definition, if people were not aware they were being recorded, they could not consent to  it. Your employer violated the law, and you could report this to the police.


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