Legal Question in Civil Rights Law in Maryland

Is the use of sound in a security camera at a place of work legal?

I own a buisness and have had money stollen from me over the last year. I installed secuity cameras over the register and the counter where my employees check in customers. I have sound on them and can hear what they are saying as well. I HAVE to know how they are interacting with the customers and need to hear if they are making arrangements for payments to be done elsewhere. Is this leagal as long as they know.


Asked on 3/12/04, 9:02 am

1 Answer from Attorneys

Gwen D'Souza D'Souza Law Office, LLC

Re: Is the use of sound in a security camera at a place of work legal?

Under federal and common law, it is usually legal to use video surveillance with audio with an employee's consent. It is best to get written consent. Some employers include language indicating notice of surveillance by the employer and consent by the employee in an employee handbook, which is signed by the employee. It is important to note reasons why the surveillance is used in the ordinary course of business in the handbook. It is best to make sure the camera is in a visible spot. To avoid liability for invasion of privacy claims, do not extend surveillance cameras to non-public areas such as bathrooms.

Ms. D'Souza understands this information is dessimated to the general public. Please note these statements are offered for informational purposes only; they are not offered as and do not constitute legal advice. Any reviewer of this information should seek professional counsel. Any application of the information provided is dependent upon specific facts and circumstances of individual situations.

Transmission of information is not intended to create, and its receipt does not constitute an attorney-client relationship. If you would like to discuss an issue about employement law, please contact Ms. D'Souza directly so that an attorney-client relationship may be properly established.

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Answered on 3/12/04, 9:45 am


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