Is it illegal to video record an employee without their knowledge?

Asked over 3 years ago - Oklahoma City, OK

My boss has been recording me since i started working..me and my husband are the only ones that are employeed here..i feel violated and think that i should have been notified that there was a camera recording my every move.

Additional information

so is it illegal to record the employee without their knowledge?

Attorney answers (1)

  1. Barry F Gartenberg

    Contributor Level 13

    Answered . The short answer is, probably. The longer answer is that the question requires much more in-depth analysis. Assuming you work for a private employer (i.e., not a governmental body), there is no constitutional protection. As to private employers, the law generally requires a balancing of the employer's legitimate interest (productivity; preventing theft, harassment, etc.; quality control; etc.) with the employee's reasonable expectation of privacy. An employee will have different expectations of privacy (e.g., in the bathroom, outside the office on company business; at her desk; in her purse and personal possessions; etc.), but the expectation of privacy can be greatly reduced by the employer through known policies with respect to surveillance.

    Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

    IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

    With best wishes,
    Barry F. Gartenberg, Esq.

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