Are body cams legal in the workplace?

[Harvick4]

I work in Pennsylvania and found out recently that my employer's supervisors have started wearing body cameras with audio capability. It isn't a security oriented workplace, we recycle eaf dust. What my questions are is this legal and does the workplace have implied consent for their recording? If so, do I have the right to refuse to be recorded without getting fired?

 

[PayrollHRGuy]

You have the right to refuse to be recorded and the employer may be breaking the law if they do. The law that makes it illegal provides NO JOB PROTECTION.

PA is a two-party consent state for recording. But there are mixed court rulings on recording in the workplace.

 

[adjusterjack]

I have a slightly different take.

Consent is not required of any parties if the parties do not have a reasonable expectation of privacy for their non-electronic communication. See definition of "oral communication," 18 a. Cons. tat. § 5702.

You have no expectation of privacy in the open areas of the workplace. I think it's legal. And you obviously know this is happening so if you don't want what you say to be recorded, don't say anything.

do I have the right to refuse to be recorded

Yes.

without getting fired?

Ha Ha Ha.

 

[Harvick4]

Thanks. I thought that was the case but everyone else seems to think it's alright. Being a union company, I thought they would be having a fit or try to negotiate a policy.

 

[adjusterjack]

Being a union company, I thought they would be having a fit or try to negotiate a policy.

If the union hasn't objected by now, it probably won't.

 

[quincy]

There are exceptions to the two-party consent laws, added to the recording laws to cover law enforcement officers' use of body cameras.

Pennsylvania Act 22 of 2017:
https://legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2017&sessInd=0&act=22&mobile_choice=suppress

 

[Harvick4]

I have a slightly different take.



You have no expectation of privacy in the open areas of the workplace. I think it's legal. And you obviously know this is happening so if you don't want what you say to be recorded, don't say anything.



Yes.



Ha Ha Ha.

There are exceptions to the two-party consent laws.

Pennsylvania Act 22 of 2017:
https://legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2017&sessInd=0&act=22&mobile_choice=suppress

Thanks, I will have to check that later and see if that properly answers my questions.

 

[quincy]

Thanks, I will have to check that later and see if that properly answers my questions.

You still have a right to privacy in certain areas of your workplace (like restrooms). There can be no recording without consent when there is a legitimate expectation of privacy.

Your workplace should have notices prominently placed where employees can see them, informing employees of the audio/video recordings. Surreptitious recording can be legally risky.

 

[NeilTheCop]

When a supervisor starts talking to you ask him to wait a second while you turn on your recorder

 

[quincy]

When a supervisor starts talking to you ask him to wait a second while you turn on your recorder

And wait to be fired.

 

[NeilTheCop]

You mean the recording of the conversation doesn't work both ways?

 

[quincy]

You mean the recording of the conversation doesn't work both ways?

Right. It doesn't work both ways when one employs the other.

 

[adjusterjack]

You mean the recording of the conversation doesn't work both ways?

Neil, are you really that naïve about the working world?

 

[not2cleverRed]

Thanks. I thought that was the case but everyone else seems to think it's alright. Being a union company, I thought they would be having a fit or try to negotiate a policy.

Perhaps some think it's a good way to minimize sexual harassment in the workplace and other bad behavior.

Me too, etcetera.

 

[NeilTheCop]

Neil, are you really that naïve about the working world?

I left the working world some time ago, but if an employer wants to record a conversation with me I would simply return the compliment purely in the interests of accuracy.