Legal Question in Employment Law in California
Ivideo tape without informing first?
Is it legal to videotape employees without their prior knowledge?
Asked on 11/19/03, 9:01 pm
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Re: Ivideo tape without informing first?
It would not be unlawful to videotape employees in common or public areas. It gets more sticky if employees are secretly being videotaped in places where they have a reasonable expectation of privacy. Clearly, restrooms are expected to be private. An employee's work station may be more open to argument and depends on each particular set of facts. The employer would have to show a compelling reason to violate an employee's right to privacy.
Answered on 11/20/03, 7:18 pm