AudioTaping Privacy HELP

[JosephR]

What is the name of your state? Fl

Is an employer allowed to suddenly audiotape you in an office without informing you that you are, in fact, being recorded? (audiotaping was not previously occuring, it was out of the blue and I was informed after the fact that I was taped in my office) I was under the impression that you were not allowed to be audiotaped without your express consent. Could someone please clarify or point me in the direction to where I could find more information?

[BelizeBreeze]

Originally Posted by JosephR

What is the name of your state? Fl

Is an employer allowed to suddenly audiotape you in an office without informing you that you are, in fact, being recorded? (audiotaping was not previously occuring, it was out of the blue and I was informed after the fact that I was taped in my office) I was under the impression that you were not allowed to be audiotaped without your express consent. Could someone please clarify or point me in the direction to where I could find more information?

you were informed wrong. According to the statutes this would have been illegal had you enjoyed an 'expectation of privacy'. However, it was not "YOUR" office, it belonged to the employer. You have no expectation of privacy in a public place.

Fla. Stat. ch. 934.03: Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Fla. Stat. ch. 934.02.

[JosephR]

Well, it wasnt the actual employer taping me, it was just another employee (not supervising me) who was not given consent by the employer to audio tape me in my office. I should have clarified that, sorry about that. The employer themselves do not tape the employees, the camera is there for a different purpose,and is only turned on for that purpose and supposed to be turned off after that purpose. Hard to explain that without disclosing where I work.

This employee was not authorized to use the camera for other purposes than what it was meant for, and when her shift replacement came in, that employee immediately notified me that the other employee had been taping me. The person taping me originally was supposed to turn the camera off before I went back into start using my office. The entire time I was taped I was in an office with my door closed out of her earshot (besides what she listened to on the camera)

I dont want to bring legal action towards the owner of the business, they are wonderful and they have been informed about this and said they would take care of it, I just want to know if this employee had a right to tape me without my consent and without the employers consent. I am guessing it falls more into a question of ethics in the workplace more than law. I don't know, why I'm asking you guys.

I guess I could have explained it a little better. If you need anymore clarification feel free to ask.

[BelizeBreeze]

This is STILL not a violation of the florida statutes. Although it may be an internal violation of policy.

[Rhubarb297]

Originally Posted by JosephR

Well, it wasnt the actual employer taping me, it was just another employee (not supervising me) who was not given consent by the employer to audio tape me in my office. I should have clarified that, sorry about that. The employer themselves do not tape the employees, the camera is there for a different purpose,and is only turned on for that purpose and supposed to be turned off after that purpose. Hard to explain that without disclosing where I work.

This employee was not authorized to use the camera for other purposes than what it was meant for, and when her shift replacement came in, that employee immediately notified me that the other employee had been taping me. The person taping me originally was supposed to turn the camera off before I went back into start using my office. The entire time I was taped I was in an office with my door closed out of her earshot (besides what she listened to on the camera)

I dont want to bring legal action towards the owner of the business, they are wonderful and they have been informed about this and said they would take care of it, I just want to know if this employee had a right to tape me without my consent and without the employers consent. I am guessing it falls more into a question of ethics in the workplace more than law. I don't know, why I'm asking you guys.

I guess I could have explained it a little better. If you need anymore clarification feel free to ask.

This may be a violation of a workplace rule, but probably not a violation of your state laws.

Most states are "one party consent" states when it comes to audiotaping. That means as long as one party to the conversation knows the taping is going on, the recording is legal. Some states are "two party consent" states which means that the recording would not be legal. In those states both parties would have to know the recording was being made. Maryland for example is a two party consent state which is what tripped up Linda Tripp when she surreptiously taped Monica Lewinsky. However, Maryland also has an unusual provision to that law saying the person has to be aware the recording is illegal for it to be enforced. Very unusual...usually ignorance of the law is no excuse.

Florida's particular provision regarding "expectation of privacy" of the communication could apply as well. If that's the case, no one had to consent. Paricular case law interpreting the provision could be crucial. I wouldn't immediately assume that any conversation that takes place in the workplace would not be protected because there is "no expectation of privacy." That would really depend on a court's interpretation of that provision.

Was it a videotape or an audiotape? You refer to audiotape but say you were recorded by a "camera." I'm assuming only the audio was picked up.

Again, you'll want to do some research to see if your state is a one party consent state. If it is you may be left with encouraging the employer to take some employment action against the employee who recorded you for violation of some workplace rule.