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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 100053
Experience:  Years of experience in running a medium sized law firm.
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Is it illegal to have video/audio surveillance at a workplace

Customer Question

Is it illegal to have video/audio surveillance at a workplace when it is posted? We are a tutoring center and feel it is for the safty of the child and tutor.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
No, it is not.
The law in CA disallows the use of a concealed camcorder, motion picture camera, or photographic camera of any type to secretly record a person while in a dressing room, tanning booth or while in any area where the person has a reasonable expectation of privacy. Cal. Penal Code § 647(j).
However, businesses have every right to record their premises. Just like any other business, the tutor center is a business and can record on its premises provided it is not where a person has reasonable expectation of privacy (such as bathroom, etc).
Anyone claiming that they cannot/should not be taped at the center is simply wrong, and really has no case provided the above is followed.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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