Can my employer video record me in a manager’s office setting without my knowledge?

UPDATED: Sep 30, 2022

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Can my employer video record me in a manager’s office setting without my knowledge?

I found out today that a device recently installed in our office we were told it is a

Asked on January 13, 2017 under Employment Labor Law, North Carolina


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

Answered 5 years ago | Contributor

Generally speaking, it is is perfectly permissable for an employer to have video/audio surveillance in the workplace. As a rule, no employee consent is required for this.  Essentially, there is no constitutional right to privacy if there is no "expectation of privacy".  Therefore, while an individual has an expectation of privacy in their own home, courts have held that an employee has no such expectation in the workplace.  Accordingly, businesses have the right to install surveillance systems. The only places that such systems are prohibited is in bathrooms/dressing or break rooms.  Other than these areas, an employer is usually permitted to oversee and record any inside the office/common areas (hallways, lobbies, etc.). That having been said, most times an employer discloses that surveillance equipment is being used on the work premises, and under some state laws may be required to do so. At this point check your employee handbook for company policy conrning on this or see if the issue is addressed in any applicalbe employment contract or union agreement. You can also consult directly with a local employment law attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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