Help...employee privacy laws

Discussion in 'Off Topic' started by BluemoonOKy, Jun 14, 2018.

  1. BluemoonOKy

    BluemoonOKy Senior Member

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    I need some of the excellent investigator members here to help me find specific laws regarding employers surveillance of employees in Kentucky. I've only been able to find info re audio...but want to know laws re video recording. Thanks for any help you can give me. I think I found a camera at work. Not that I am doing anything wrong, but I do not like it without being notified and pretty sure it's not allowed without notification. It's creeping me out.
    @bellalou @CoffeeBean
     
  2. slc

    slc Senior Member

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    The legal beagles will have to weigh in for the best information. There are 3 different cases - audio recording (like of phone conversations), video recording and video/audio recording. Does your camera have audio recording?

    "The majority of the laws dealing with video recording privacy issues tend to allow surreptitious recording and monitoring of video activity under most circumstances without notification of any of the parties involved."(palmvid.com)

    ยง 531.090. Criminal penalties: Recording or intercepting private communications in violation of the state's eavesdropping law, or distributing images in violation of the state's video voyeurism law are felony offenses punishable by up to five years in prison and a $5,000 fine. Ky. Rev. Stat.Aug 1, 2012(rcfp.org)

    USLAW.org also has information.

    I think laws on audio recordings of phone conversations are very strict, videotaping only, quite a bit less so.

    I think that in Kentucky one party consent is all that's required to record a conversation, and that an employer can videotape employees without their permission for certain purposes, like to prevent theft of company goods.

    An employer can't use videotape to record a person's behavior in a restroom or adult bedroom, and cannot use a videotape of a protest or rally or union activity to threaten or limit an employee's right to demonstrate or join a union.
     
    Last edited: Jun 14, 2018
  3. Jim_in_PA

    Jim_in_PA Senior Moderator Staff Member

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    I agree that the bottom line needs to come from an attorney familiar with the law in your state. That said, outside of certain areas where privacy is expected, such as bathrooms and locker rooms where folks might change clothing, I'll guess that an employer can legally video surveil anywhere on their private property, including in areas where folks work for whatever reasons they deem it necessary. They may or may not need to provide notice, but most employers who use video are not surreptitious about it, unless it's being done specifically for investigation purposes where there is "something wrong" potentially going on. Sometimes reference to video is buried in the fine print of HR documents, too.
     
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