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

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US-00845BG
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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

Generally, employers are not allowed to listen to or record conversations of their employees without the consent of the parties involved. The Electronic Communications Privacy Act (ECPA) allows employers to listen in on business calls, but are not allowed to record or listen to private conversations.

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.

Federal and most state privacy laws give discretion to employers as to how far they can go with their employee monitoring programs. In some cases, employers do not have to inform employees they are being monitored, depending on their state and local laws. Some regulations do require employee consent.

Employee monitoring is a growing practice in which companies use digital tools to track work, employee performance, and work in progress. Businesses use different monitoring methods to measure productivity, track attendance, assess behavior, ensure security, and collect proof of hours worked.

A direct supervisor can determine exactly how an employee's attitude affects both his work performance and the people around him. He can evaluate the employee's disposition on a daily basis and is more privy to changes than those who might not regularly work with the employee.

Common methods include software monitoring, telephone tapping, video surveillance, email monitoring, and location monitoring. Software monitoring. Companies often use employee monitoring software to track what their employees are doing on their computers.

There is also a need to be specific on the degree of monitoring and getting consent. These measures allow employees to understand the process better and establish where they can or can not expect privacy.

Your employer must have a valid reason to use CCTV to monitor your workplace. They must also consider if using CCTV is reasonable. For example, using CCTV to detect intruders, vandals or thieves may be reasonable.

As a result, many employers now monitor employees at work to prevent injuries, misconduct and other types of loss. While guarding against these risks, companies also must balance the business interests of the company with the reasonable expectations of privacy of its employees.

Both employers and employees may violate state and federal wiretap laws by recording without consent. Even with consent, employers should hesitate before taping employees, because pervasive surveillance in the workplace can put workers on edge and damage their morale.

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