Alabama Consent of Employee to be Monitored and Recorded for Security Purposes Pursuant to Closed Circuit Video Surveillance - CCTV

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Description

The 4th and 14th amendment provides the constitutional basis for the right of privacy for public employees (e.g., federal, state, county and municipal). However, these amendments do not apply to employees in the private sector. Employee rights in the private sector are covered by states statutes, case law and collective bargaining agreements.


The Federal Wiretapping Act provides that it is unlawful to intercept oral or electronic communications. Both criminal and civil penalties are provided for by this Act. There are two exceptions:


a. An employer can monitor his/her/its telephones in the ordinary course of business through the use of extension telephone; and


b. An employer can monitor employee communications with the employee=s consent. Consent may be established by prior written notice to employees of the employer's monitoring policy. Consent signed by the employee is preferable.


The same principles should apply to video surveillance.

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FAQ

Illegal surveillance is the monitoring of a person's activities or property in a manner that breaks regional laws. What constitutes legal versus illegal surveillance may be very different depending on the region and whether the spying is being done by a private citizen or law enforcement group.

In California, it is a misdemeanor to record a conversation without the consent of all parties to the conversation, which can lead to fines of up to $2,500 and/or imprisonment for up to a year.

The key to remember is this: While employers do not have to allow recordings in the workplace, both employees and employers can legally make audio recordings, though with varying degrees of consent required depending on state law.

(a) A person commits the crime of aggravated criminal surveillance if he or she intentionally engages in surveillance of an individual in any place where the individual being observed has a reasonable expectation of privacy, without the prior express or implied consent of the individual being observed, for the purpose

Alabama law requires the consent of at least one party to legally record an in-person or telephone conversation. Illegal recording is misdemeanor. It is a misdemeanor in Alaska to record an oral or telephone communication without the consent of at least one party.

The legality of recording conversations at work is a grey area, evolving all the time. The Employment Appeals Tribunal has allowed it in some cases but dismissed it in others. It depends on the circumstances of each case and how relevant the covertly recorded evidence might be to a case.

An employer can monitor their CCTV cameras from anywhere, but they must adhere to data protection law in doing so. For instance, they must tell employees why they are using cameras, and think about whether there are alternatives that would bring the same results without that level of monitoring.

Can CCTV be used to monitor staff? CCTV monitoring can be legally used to monitor staff as long as you have made them aware of this in writing and explained the reasons why. It is only acceptable to monitor staff secretly in rare circumstances.

Is it illegal to record someone at work without their knowledge? The majority of American states allow covert recording, as long as one involved party consents to said recording. For example, if you were to record a conversation between yourself and a coworker, your consent is all that is needed.

State law in California deems it illegal for anyone to make a video recording of communications that are considered confidential. This is information passed from one individual to another and is only intended to be heard by the person being addressed.

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Alabama Consent of Employee to be Monitored and Recorded for Security Purposes Pursuant to Closed Circuit Video Surveillance - CCTV