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

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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: 2 months ago.Category: Business Law
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12/20/2017
Business Lawyer: Barrister, Attorney replied 2 months ago
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 40,071
Experience: 17 years practicing attorney, JD, BA, MBA
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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.

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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.

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thanks

Barrister

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Customer reply replied 2 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 2 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.

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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.

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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.

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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..

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Customer reply replied 2 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 2 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.

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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.”

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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.

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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..

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Business Lawyer: Barrister, Attorney replied 2 months ago

Hello again,

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

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Did you have any further questions I can help with?

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Thanks much

Barrister

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