Legal Question in Employment Law in California
I am a contract security guard. Recently our client installed a dashboard camera in our security vehicle. Cool, right. However I was recently told that the device not only records video but audio as well. I was told by the client that the device does not record audio, but it was recently discovered by a colleague that the device does in fact record audio. At this point it isn't clear if the client knew that the device records audio. Is it a privacy act issue that we were not informed of the devices capabilities? Is there some sort of disclosure policy?
1 Answer from Attorneys
Whether in an employment context or anywhere else it is illegal to secretly record people in any place where there might be an expectation of privacy (so, for example, video cameras in stores and on the highways don't count since you are out in public and anyone can see you). It's an interesting question and probably one that has not yet been ruled on by the courts whether there is a violation when you are advised you are being recorded one way but are actually being recorded in two ways.