What are my rights if my employer installed a camera that also audio which we were not told about?

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What are my rights if my employer installed a camera that also audio which we were not told about?

She also has installed the app for it on her boyfriend’s cell phone. We have a 1 room office for 3 co-workers and no break room or kitchen. We eat lunch there while we work and don’t take breaks. So anything we discuss throughout the entire day, her boyfriend can sit and listen/watch us. I feel like my privacy has been invaded.

Asked on April 28, 2017 under Employment Labor Law, Florida

Answers:

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

Answered 4 years ago | Contributor

Video cameras in the workplace are legal, although employees should be informed that they are there, as well as clients. As for its also recording audio, in FL, all parties to a conversation must give their consent to its being recorded. Without consent, such a recording it illegal (although by continuing to work at this business it my be argued that you and you co-workers have given impled consent since you now know of the audio recording). The exception to consent is if the recording is done in a "public place", so recordings where the general public have access to (i.e. hallways, lobbies, etc.) are permissable under the law. Finally, areas such break, rest or bathrooms are public and no recording of any kind is typically allowed. That having been said, eating your lunch in the ofice may not count as an official lunchroom, even though there is no where ele to eat. Since this is a complex area of the law, you really should consult directly with a local employment law attorney who can best advise as to specific state law and court rulings.


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