Legal Question in Workers Comp in New York

privacy question

can a place of business with known cameras have hidden cameras in private offices.


Asked on 11/11/05, 1:18 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: privacy question

This is an interesting question hitting on the 'expectation of privacy' test of legality.

My answer would be 'yes' for several reasons. The overriding issue would be who owns the premises where the cameras are placed.

If the owner of the property (a corporation owning a store, for example) hires a security agency that sets out the cameras in the offices of an employee for a legitimate business purpose (and not, for example, in the executive bathroom), then the knowledge of the employee occupying the office is not necessary.

Of course, the video would only be made available to security and law enforcement personnel.

If the the video is make known to non-security/law enforcement personnel, then it would be an invasion of privacy. But then only if the employee generally kept his door closed during business hours.

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Answered on 11/11/05, 2:19 pm


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