What Are the Laws Surrounding Workplace Surveillance in California? (2024)

FAQs

What Are the Laws Surrounding Workplace Surveillance in California? ›

Employers may record employees in common areas and public areas on the condition that the surveillance is in the interest of the business. Companies cannot record employees in areas where they have a reasonable expectation of privacy, such as break rooms, corridors between offices, or off company premises.

California. California law permits video surveillance of employees unless there is a reasonable expectation of privacy. According to Polaris Law, California Penal Code §647 states that employers should not install security cameras in break rooms or off company premises.

Surveillance and video cameras

While it is not against the law to use video surveillance cameras on your property for security, it is illegal when the recording can be considered an “invasion of privacy,” or recording someone in a context where it would be reasonable for them to expect privacy.

Key California Employee Privacy Rights:

Video monitoring is restricted to places at work where work is being performed, and requires disclosure that monitoring is being conducted.

Under California law, employers can be sued if they violate their employees' reasonable expectation of privacy. However, there must be evidence of the following: The employer violated the employee's right to privacy. The employee had a reasonable expectation of privacy.

Under California Penal Code §647, employers may not install cameras in restrooms, showers, locker rooms, fitting or dressing rooms, or any location where the employee may reasonably expect privacy.

Many employers use video cameras to prevent internal theft, have a record of any employee accident or injury, and for security purposes. Most video surveillance in the workplace is permissible as long as employers notify workers about it.

Some locations where unlawful surveillance might take place could include a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or a room assigned to guests. Often, unlawful surveillance is carried out for the viewer's sexual arousal or gratification – but this isn't always the case.

Video Recording Without Consent California

Employers must obtain explicit understanding and consent from those being monitored. A smart move if you're going to record your employees is to obtain written consent from everyone recorded.

The California Invasion of Privacy Act prohibits wiretapping, deeming it a criminal offense punishable by fines and imprisonment. Victims of wiretapping have the right to pursue civil lawsuits to seek compensation for the invasion of their privacy.

Are you allowed to be watched on camera at work? ›

Employers have the right to implement surveillance measures for security, safety, and operational purposes. Striking a balance between employee privacy and legitimate business interests is therefore crucial and it is a legal requirement for businesses to define why they have implemented CCTV.

California Is a Two-Party Consent State

In most U.S. states, it's legal under federal law to make an audio or video recording, even if the person recording is the only one who's aware of it. But California is one of a small handful of states that has enacted what's known as a two-party consent law.

Technically, there aren't laws prohibiting employers from asking employees to turn on their cameras. But employees legally don't have to comply with this request. An employer can't force you to do anything you are uncomfortable doing. However, if you choose to turn off your camera, you run the risk of termination.

Legally, an invasion of privacy occurs when a “reasonable person” expects their information to remain private or wishes to be out of public view, and another person obtains this information and/or publicly discloses it.

Conclusion: Your Boss Can Legally Monitor Any Activity on a Work Computer or a Work Network. As you now know, your boss can monitor almost anything you do during the day - whether you're working remotely or have returned to the office.

Espionage is the crime of spying or secretly watching a person, company, government, etc. for the purpose of gathering secret information or detecting wrongdoing, and to transfer such information to another organization or state.

California Penal Code 632 forbids the recording of a 'confidential communication' without the express permission of all parties involved. This makes California a 'two-party consent' State, in contrast to, for example, Texas, which is a one-party consent state.

Employers must notify employees of computer and internet monitoring and obtain their consent unless monitoring is necessary for business-related purposes. Monitoring should be limited to work-related activities, and employees should be aware of the types of activities that are monitored.

Some state laws establish that consent is a requirement. As far as federal legislation is concerned, employers have no legal requirements to disclose that they are being monitored to their workers.

Privacy Law

In the private sector, a number of laws prohibit employers from intruding into their employees' lives outside of work. Some state constitutions specifically provide for a right to privacy, which prevents private employers from looking into their employees' off-duty activity.