Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

California Workplace Privacy Law question. It's a medical…

Customer Question
California Workplace Privacy Law question...
California Workplace Privacy Law question. It's a medical office setting. We plan to put a camera with audio and video surveillance pointing at the main entrance door. The camera is behind the reception area. It happens that the camera will pick up reception area video/audio. Receptionist talks to patients, etc. It does serve multiple business purposes: security, employee training how they interact with patients.What steps should we take to make it legal in California
Submitted: 7 months ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 2 minutes by:
12/20/2017
Business Lawyer: Barrister, Attorney replied 7 months ago
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 42,614
Experience: 17 years practicing attorney, JD, BA, MBA
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You need to post conspicuous signs that state that the area is under surveillance and being recorded. But legally you can't record audio...only video.. as that would violate CA wiretapping laws that require both parties to a conversation to give consent to being recorded. See Cal. Penal Code § 632.

.

.

thanks

Barrister

Ask Your Own Business Law Question
Customer reply replied 7 months ago
This is inside the house and the situation is the same. 3 lawyers said it's OK.https://www.avvo.com/legal-answers/is-it-illegal-in-the-state-of-ca--to-have-audio--v-1636107.html
Business Lawyer: Barrister, Attorney replied 7 months ago

Actually if you look at the first attorney's post, they specifically agree that audio can't be recorded.. While CA is a two party consent state, meaning you can not audio record without permission of all parties, the CA Penal Code Section 632 applies to conversations in which a party has a reasonable expectation of privacy in.

.

In a doctor's waiting room, I would opine that there is a reasonable expectation of privacy because patients will be talking about their private medical conditions and concerns.

.

I mean, do what you want to, but if someone feels that their privacy was being invaded or you were violating HIPAA by recording their private and personal medical conversations and info without their consent, that may come back to bite you.

.

If you are determined to record audio make absolutely sure you put up several signs stating that both audio and video are being recorded so you would have a defense if someone claimed that they had no idea you were recording them and filed some type of complaint or lawsuit..

Ask Your Own Business Law Question
Customer reply replied 7 months ago
The first attorney did say, the landlord can record because it's not in "private" area, here's the quote: "Therefore, the landlord does not need permission to audio record the common and public areas because you have no legal expectation of privacy in those areas."Regarding Cal. Penal Code § 632, how does it play out legally that we record half of the conversation which is from our side. Do we still need to read "this conversation may be recorded for quality and training purposes"?
Business Lawyer: Barrister, Attorney replied 7 months ago

I understand what the other person was saying... it is just that I would opine that a court is going to give a little more weight to a person's expectation of privacy in a doctor's office rather than in a food court at the mall... Doctor's offices are inherently private as dictated by HIPAA.... an entire federal law about patient privacy.. so your duty to disclose hits a higher level.

.

Permission for audio recording does not have to be secretive for the doctor or she can include this information in the consent form. A notice can be placed in clinical areas that “audio recording is in progress.”

.

Some may argue that this is a HIPAA violation. But it may not be. If the patient is informed, if the recording becomes part of the medical record, and if the recording is given the same protections that all electronic records should have, then HIPAA may be satisfied.

.

And again, the statute is crystal clear... both sides have to consent to being recorded... So if you disclose that to everyone involved, and they still choose to proceed with that knowledge, then I think you are in the clear..

.

Ask Your Own Business Law Question
Business Lawyer: Barrister, Attorney replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Business Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a business lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 42,614
42,614 Satisfied Customers
Experience: 17 years practicing attorney, JD, BA, MBA

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

2,002 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

778 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

42,614 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

604 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I am an Installer of telecom equipment. I was wondering
Second opinion] Hello I am an Installer of telecom equipment. I was wondering about HIPPA compliant security systems like cameras and a network cabinet on site at a drug/medical facility… read more
lawyerJ
lawyerJ
Juris Doctorate
164 satisfied customers
What are the laws on setting up security cameras around my
What are the laws on setting up security cameras around my home … read more
Barrister
Barrister
Attorney
Doctoral Degree
42,614 satisfied customers
My husband and I own a lounge in California. We are licensed
My husband and I own a hookah lounge in California. We are licensed as a smoke shop. We want to serve beer and wine. We are a small business and...45 occupancy....and owner operated (no employees). We… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
I live in Texas and have a dog training facility. A client's
I live in Texas and have a dog training facility. A client's dog at our facility was killed by another dog. We did not hear or see anything. When we found the dead dog we contacted the owners, did not… read more
Ray
Ray
Lawyer
Doctoral Degree
33,407 satisfied customers
I opened a hair braiding business wife. The building where
Hi, I opened a hair braiding business for my wife. The building where our business is located has a manager. I was told that the manager is dating the father of the business owner next to us. Our land… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I am a dentist and would like to record case presentations
I am a dentist and would like to record case presentations for educational purposes. Can I do that in IL?… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
778 satisfied customers
My wife is a medical doctor licensed in Arizona. We are creating
My wife is a medical doctor licensed in Arizona. We are creating a web site that provides educational medical advice which will feature my wife's expertise. We will be creating a crowd-funding project… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Is it legal to use audio and video surveillance for a retail
Is it legal to use audio and video surveillance for a retail business in Illinois if you put up a sign that says audio and video surveillance is in use?… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
Hi my dad has a trucking company he is owner-operator of 9
Hi my dad has a trucking company he is owner-operator of 9 car hauler we hauling cars. Tonight he was picking up 7 vehicles from one of the salvage car auctions in dallas tx. I called them at 3 pm to … read more
Marcy
Marcy
Attorney At Law
Doctor of Law w/ highest honors
165 satisfied customers
I entered into a partnership (LLC) with the owner of a mental
I entered into a partnership (LLC) with the owner of a mental daycare program in NJ. The newly formed LLC is an outpatient substance abuse recovery program and it has nothing to do with the day mental… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
We have several child care centers. Currently we are in the
We have several child care centers. Currently we are in the process of using cameras in the classrooms with the monitoring system in the office. They all have sound, they all will have the capability … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
This question is specifically for "socrateaser". For some reason,
This question is specifically for "socrateaser". For some reason, even though I click on "Ask this expert" it seems to assign a different expert, which seems like a bug to me. No offense to any other … read more
socrateaser
socrateaser
1,452 satisfied customers
I own a staffing company in Virginia and charge a percentage
I own a staffing company in Virginia and charge a percentage markup based on worker comp, taxes and admin. fees. I do not charge the employee that we put to work. Other staffing companies that are fra… read more
Loren
Loren
578 satisfied customers
Coop (NYC) question: I sit in a walker in front of my building. T
Coop (NYC) question: I sit in a walker in front of my building. There are security cameras. I have been assaulted before and asked one guard to let me see video so I could image person. He did. Anothe… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I was approached by a retail store manager and asked me to
I was approached by a retail store manager and asked me to identify myself. A store employee held a camera phone and videoed our conversation. Is it legal for a store employee to video and record our … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
0Need this ASAP (Saturday 9/17 EST) willing to tip 20 bucks
Need this ASAP (Saturday 9/17 EST) willing to tip 20 bucks plus 59 dollars for this assignment...79.00 Total Write an good introduction on the following chosen laws or issues and how they apply to the… read more
David L
David L
Doctoral Degree
1,604 satisfied customers
Is it illegal to record audio and video on our security system
Is it illegal to record audio and video on our security system in our business offices, if we post signs upon entry to the building where the recording will take place that state "Notice: Video and Au… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
We are a second hand store in the state of California, we have
We are a second hand store in the state of California, we have been uncovering a lot of wrong doings by others in our trade and we have evidence to a pawn shop breaking the rules of the states Busines… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,002 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x