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Are body cams legal in the workplace?

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Harvick4

New member
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

Senior Member
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

Senior Member
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.

:D
 

Harvick4

New member
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.
 

Harvick4

New member
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.

:D
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

Senior Member
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.
 

not2cleverRed

Obvious Observer
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.
 

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