Invasion of Privacy @ the Workplace?

[rmays85]

What is the name of your state (only U.S. law)? Virginia


I currently work as a Front Desk Attendant in a downtown hotel, close to the airport. We at the hotel get a certain group of tradesman that come in daily, as other tradesman from the same company leave. Effectively, having the same group of folks in the hotel, week in and week out. Needless to say, there is a bond developed there beyond a professional standpoint, but that of friendship. Which leads to friendly and even sometimes personal conversations (personal in that it does not involve talking about checking them in to their hotel room.)

We recently have gone under new management, and it was brought to my attention that today they have installed microphones at the front desk for recording purposes. Albeit for security reasons, or what have you, there was no verbal or written notification from my job about installing this here. I feel this is in direct violation of my personal privacy. We already have security cameras installed, but even those do not point directly into the desk area.

What legality issues are here, if any?

 

[cyjeff]

As long as you have been notified you are being recorded, there aren't any legal issues.

 

[rmays85]

Here's the thing, there was NO notification of the microphone what so ever. The cameras, really don't require notification. Plus, the cameras have been there before I started working at the property. They are visible throughout the property too. But, the microphone was drilled from a small hole in the ceiling above the front desk, where the microphone sits, barely visible.

 

[justalayman]

the how did you find out about the microphones?

 

[rmays85]

Technicians came in today while I was at the desk stating they were "fixing the internet" and asked for the owner to come out. The techs spoke with the owner privately, and the owner returned to her office. The techs then went outside bringing in equipment and running what seemed to be line of some sort through the ceiling from a circuit breaker down the hall, all the way to the desk. It's not difficult to see that there is a microphone (black in color), in the ceiling.

 

[cyjeff]

Fine...

So are you worried that your conversation in a public place may be overheard and used against you?

There is no law against that.

Now, if those really ARE microphones... and you may be notified after installation... you really don't have a case.

Besides, personalized customer service is nothing to be ashamed of. However, if you are making a little money on the side, I would stop.

 

[rmays85]

Why is there an assumption of making money on the side? Not the case. At all.

What if I have a personal telephone call come in from my girlfriend saying she's pregnant. Or I gave her herpes. Or WHATEVER. Seriously, there was no agreement signed by me that said I was not allowed to take personal phone calls if there were emergencies. These things, and conversations had at the desk in a manner that does not represent the company I work for, but rather myself as an individual are being recorded without my consent, or without written notification. That's sort of the point I am getting at. I'm not selling drugs, or whatever the implication was in your post.

Let's say no written notification happens. What then?

 

[cyjeff]

Why is there an assumption of making money on the side? Not the case. At all.

Then what are you all twisted about?

What if I have a personal telephone call come in from my girlfriend saying she's pregnant. Or I gave her herpes. Or WHATEVER. Seriously, there was no agreement signed by me that said I was not allowed to take personal phone calls if there were emergencies.

I am guessing there was also no agreement that said you had the right to have personal phone calls in complete privacy.

Further, you are on a desk in an open lobby. You are going to have a difficult time convincing a court that you have ANY expectation of privacy.

These things, and conversations had at the desk in a manner that does not represent the company I work for, but rather myself as an individual are being recorded without my consent, or without written notification. That's sort of the point I am getting at. I'm not selling drugs, or whatever the implication was in your post.

My implication is that you are representing your company.

If you are saying things that could cost you your job, you should stop. Immediately.

You are not due written notification.

Let's say no written notification happens. What then?

You are not due written notification.

 

[rmays85]

So what we've concluded is, that they are allowed to, by law, have installed microphones and record any conversation that is had at the front desk of the hotel. Correct?

 

[justalayman]

So what we've concluded is, that they are allowed to, by law, have installed microphones and record any conversation that is had at the front desk of the hotel. Correct?

I'm not convinced it is a microphone. There would be no reason to

The techs then went outside bringing in equipment and running what seemed to be line of some sort through the ceiling from a circuit breaker down the hall

a microphone would not be attached to a circuit breaker down the hall. It would run to some device that is able to utilize the signal from the microphone, like a recorder of telephone.


Do you have any idea what an antennae system for a wireless internet router looks like?

Until you know it's a microphone, you are simply guessing.

 

[rmays85]

They came in with equipment that is related to the gathering of audio, and recording of it. That which has a large amount of space. In order to have that type of equipment, it's safe to assume that to keep it safe, it would be locked down out of the office area where the majority of the employees frequent, and into an area where only one person other than the GM has the key (maintenance). I can also only assume that it requires some sort of electricity to run it, and there really isnt an outlet to plug it into unless we wanted to take it in to a guest's room and plug it in there.

I'm 99.9999% sure it's a microphone. But again, I'm not worried about if it IS or ISNT a microphone. My question is the legality stand point of IF IT IS.

 

[justalayman]

They came in with equipment that is related to the gathering of audio, and recording of it.

I see. More tidbits of info not previously disclosed supporting your claim of the microphone theory.

I can also only assume that it requires some sort of electricity to run it,

yet you said they ran the microphone cord from the breaker down the hall.

and to a large amount of space; not sure if you have kept up with modern technology but I can record several hundred hours of audio on a piece of equipment the size of the telephone setting on your counter.

but anyway, to answer your question:

It is a felony to record a conversation you are not a party to although a person can record a conversation that includes themselves without the other party's knowledge or approval. A party can give permission to a 3rd party to record their conversation with another party.

Va. Code Ann. § 19.2-62

So, you would either have to grant permission, and I do not believe the situation you state would be even tacit permission, unless your boss came out and stated "we are recording conversations at the desk". As it stands, at best, you have a suspicion of the items being microphones.

 

[cyjeff]

However, STILL not an invasion of privacy.

Have you asked about the purpose of the new devices?

 

[justalayman]

However, STILL not an invasion of privacy.

actually it would be and that would be why it is illegal to do it.

 

[cyjeff]

actually it would be and that would be why it is illegal to do it.

To state it exactly...

� 19.2-62. Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions.

A. Except as otherwise specifically provided in this chapter any person who:

1. Intentionally intercepts, endeavors to intercept or procures any other person to intercept or endeavor to intercept, any wire, electronic or oral communication;

2. Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical or other device to intercept any oral communication;

3. Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, electronic or oral communication knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; or

4. Intentionally uses, or endeavors to use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; shall be guilty of a Class 6 felony.

B. 1. It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee or agent of a provider of wire or electronic communications service, whose facilities are used in the transmission of a wire communication, to intercept, disclose or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service. However, a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks. It shall not be a criminal offense under this chapter for providers of wire or electronic communications service, their officers, employees and agents, landlords, custodians, or other persons pursuant to a court order under this chapter, to provide information facilities or technical assistance to an investigative or law-enforcement officer, who, pursuant to this chapter, is authorized to intercept a wire, electronic or oral communication.

2. It shall not be a criminal offense under this chapter for a person to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.

3. It shall not be a criminal offense under this chapter for any person:
(a) To intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;
(b) To intercept any radio communication which is transmitted (i) by any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress, (ii) by any governmental, law-enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public, (iii) by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or (iv) by any marine or aeronautical communications system;
(c) To intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference;
(d) Using the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted;
(e) To use a pen register or a trap and trace device pursuant to �� 19.2-70.1 and 19.2-70.2; or
(f) Who is a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful or abusive use of such service.

C. A person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication, other than one to such person or entity or an agent thereof, while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of the addressee or intended recipient. However, a person or entity providing electronic communication service to the public may divulge the contents of any such communication:
1. As authorized in subdivision B 1 of this section or � 19.2-67;
2. With the lawful consent of the originator or any addressee or intended recipient of such communication;
3. To a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or
4. Which were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, to a law-enforcement agency.
Conduct otherwise an offense under this subsection that consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted (i) to a broadcasting station for purposes of retransmission to the general public, or (ii) as an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls, is not an offense under this section unless the conduct is for the purposes of direct or indirect commercial advantage or private financial gain. Further, private viewing of a satellite video communication that is not scrambled or encrypted and interception of a radio communication that is transmitted on frequencies allocated under subpart D of Part 74 of the Rules of the Federal Communications Commission that is not scrambled or encrypted when the viewing or interception is not done for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, shall not be offenses under this chapter.

Violation of this subsection shall be punishable as a Class 1 misdemeanor.

The question was, however, is isn't my employer supposed to allow me a way to have personal conversations with guests remain private.

The quick answer is no. There is nothing preventing a manager from sitting behind him and listening to every word.

If an electronic recording device is used... and we have not established that... that changes the METHOD of overhearing... but not the act itself.