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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112645
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Legal

WHAT EXACTLY ARE THE VIDEO/AUDIO SURVEILLANCE LAWS IN PA, AND

CAN THESE LAWS EXPIRE?
Submitted: 4 years ago.
Category: Legal
Ask Your Own Legal Question
MShore, Attorney
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
replied 4 years ago.
Thank you for the post, I am happy to assist you by answering your questions. What exactly would you like to know? (I ask because the initial question was very vague)
Customer reply replied 4 years ago.

"Pennsylvania has some of the toughest video surveillance laws in the United States. Even law enforcement agencies are prohibited from employing video surveillance in many situations without prior court approval. Along with limiting surveillance, Pennsylvania state law enforces harsh penalties for violating surveillance laws. For example, intercepting an oral communication by use of a video camera is classified as a third-degree felony punishable by substantial time in prison."



THE ABOVE WAS COPIED FROM YOUR WEBSITE.

MY HUSBAND DRIVES A TRUCK, RECENTLEY VIDEO/AUDIO CAMERAS WERE INSTALLED IN THE WORK TRUCKS. PEOPLE ARE GETTING FIRED OR SUSPENDED FOR VARIOUS THINGS SUCH AS NO SEATBELTS, SMOKING OR DRINKING (POP)/EATING WHILE DRIVING, ONE GUY EVEN RECIEVED 3 DAYS SUSPENSION FOR BLOWING HIS NOSE. THESE GUYS WORK 12 HOUR SHIFTS AND SHOULD HAVE A REASONABLE EXPACTATION TO PRIVACY. THIS IS A UNION JOB AND THE UNION HAS RECENTLY FILED SUIT AGAINST CO. FOR ACTIONS. WHEN I PRINTED THIS PAGE FOR MY HUSBAND THEY SAID THIS LAW HAS EXPIRED. CO STATES CAMERAS ARE FOR SAFTEY ISSUES AND FOR TRUCK MONITORING FOR DRIVER SAFETY AND FUEL USAGE.
MShore, Attorney replied 4 years ago.
Thank you, XXXXX XXXXX is primarily an employment law issue, I will opt out in favor of an employment law expert.
Customer reply replied 4 years ago.
OK, AM I GOING TO HEAR BACK FROM SOMEONE, THEN
Law Educator, Esq., Attorney
Satisfied Customers: 112645
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
replied 4 years ago.
Any video surveillance on the employer's property is permissible under the law, since the employer has a right to protect their premises and the employee has no expectation to privacy in the workplace (except for bathrooms or changing areas). As far as audio monitoring, the employer can also make audio recordings with notice to the employees, which can be done by posting a notice in the workplace or in the employee handbook.


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Customer reply replied 4 years ago.
THERE IS NO POSTING, THIS IS NOT IN THE EMPLOYEE HANDBOOK, AND IS NOT PART OF THE UNION CONTRACT..... BREECH OF CONTRACT???
DO THE LAWS EXPIRE THAT I COPIED AND PASTED?
Law Educator, Esq., Attorney replied 4 years ago.
No, the laws do not expire, they remain on the books. If they are audio recording without notice to employees, this is a crime and PA requires the consent of all parties to record audio. Video requires no consent in the workplace.
Customer reply replied 4 years ago.
WHAT IS THE LAW # OR STATURE OR REGULATION # TO THE AUDIO SURVEILLANCE LAW
Law Educator, Esq., Attorney replied 4 years ago.
PA Statutes 5701 et seq. prevents unauthorized interception of wire/oral communications.

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