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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41220
Experience:  Run my own successful business/contract law practice.
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My employer has video surveillance system. My Qs are: Are

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My employer has video surveillance system. My Qs are:
Are they supposed to disclose what area are monitored?
Who can review the videos and for what reason?
Do they have to maintain a log of who has accessed the video and for what reason? I have seen random security people accessing the videos for entertainment and witch hunting without prior permission from mangement.
Is there a federal laws governing this type of surveillance?

Thanks and take your time. There is no hurry.

Thank you for your question. Please permit me to assist you with your concerns.

I will go down the list to ensure that I respond to each of your questions directly:

Are they supposed to disclose what area are monitored?
California happens to be one of twelve states that has an 'all-party' consent law. That means that in California it is a crime to record or eavesdrop on any confidential communication, including a private conversation, video, or telephone call, without the consent of all parties to the conversation. The law is codified in Cal. Penal Code § 632. If no notice was provided to the employees, such as in their employment contracts or via the employee handbook, such recording would violate state law.

Who can review the videos and for what reason?
The party who is making the recording can review the videos, as they are owners of the copyright. Beyond that generally anyone with the permission of the creator can review, or via subpoena and court order. Employees themselves cannot review without a subpoena or without consent.

Do they have to maintain a log of who has accessed the video and for what reason?
No, they do not. While many companies may do so, it is purely at their discretion as it is not a requirement under state law.

I have seen random security people accessing the videos for entertainment and witch hunting without prior permission from mangement.
That may require contact with HR and a claim that the parties are violating their duties and obligations.

Is there a federal laws governing this type of surveillance?
This is not a federal issue but a state issue.

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