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.
The South Dakota Consent of Employee to be Monitored and Recorded for Security Purposes Pursuant to Closed Circuit Video Surveillance — CCTV is a legal document that outlines the employee's agreement to be monitored and recorded on closed-circuit video surveillance systems within their workplace premises for security purposes. It is important to note that there may be different types of this consent depending on various factors, such as the specific workplace environment or the industry in which the employee works. This consent is essential for employers who wish to implement closed-circuit video surveillance systems as a security measure in their premises, as it ensures that all personnel are aware of and agree to being monitored and recorded. By obtaining this consent, employers maintain compliance with relevant laws and regulations while also safeguarding their workplace and employees from potential security threats. This document typically contains several key elements, including: 1. Purpose: The document clearly states that the purpose of monitoring and recording employees is solely for security reasons. It emphasizes that the information obtained through the CCTV system will not be used for any other purposes, such as performance evaluation, unless explicitly required by law or under extraordinary circumstances. 2. Employee Awareness: It specifies that the employee has been informed about the existence of CCTV cameras, their locations, and the areas within the workplace covered by these cameras. The employee will also be made aware of any changes or additions to the surveillance system. 3. Consent: The employee voluntarily and explicitly gives their consent to be monitored and recorded. It acknowledges that this consent is given without any coercion or duress and can be revoked in writing at any time. 4. Data Security: The document highlights the employer's commitment to safeguarding the recorded data and preventing unauthorized access. It assures employees that the recorded footage will be handled and stored securely and will only be accessed by authorized personnel or as required by law. 5. Retention Period: The document specifies the timeframe for which the recorded data will be retained, ensuring compliance with applicable data protection laws and regulations. It may also outline the circumstances under which data will be deleted or destroyed. 6. Confidentiality: The employer reaffirms that they will not disclose any recorded footage to third parties unless required by law or in cases of investigation or legal proceedings. It emphasizes the need to maintain the confidentiality and integrity of recorded data. It is crucial for employers to have their employees sign this consent form before implementing closed-circuit video surveillance systems. By doing so, they ensure transparency, accountability, and legality while prioritizing the security and well-being of their workforce.
