Someone at my work left a recording device on my desk hidden in a pouch. I did not consent to this recording and also I am a nurse and the recording breaches HIPAA since I was speaking to patients at the time. What are my legal rights?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Someone at my work left a recording device on my desk hidden in a pouch. I did not consent to this recording and also I am a nurse and the recording breaches HIPAA since I was speaking to patients at the time. What are my legal rights?

Someone at my work left a recording device on my desk hidden in a pouch. I did
not consent to this recording and also I am a nurse and the recording breaches
HIPAA since I was speaking to patients at the time. What are my legal rights?

Asked on December 6, 2017 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You could file a police report and press charges. In every state it is a crime to record a conversation without the knowledge and consent of at least one person (some states require the consent of all persons) in the conversation. If you and a patient were recorded without either of you consenting to it, it is a criminal act--a violation of the state's wiretapping-related laws, actually.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption