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?

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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 3 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.


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