Can I be secretly filmed at work?

UPDATED: Sep 30, 2022

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Can I be secretly filmed at work?

I live and work in Charlotte NC for a private ophthalmology practice. I recently found out through gossip that my boss secretly set up
hidden cameras around the office. One spot being our break room. I did not consent to this and neither has my fellow coworkers. I am
furious Can he legally do this?

Asked on February 28, 2016 under Employment Labor Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As a general rule, videotaping in the workplace is deemed to be acceptable if it's limited to job performance and related activities of work. For example, an employer may videotape to prevent theft or other wrongful work behavior. However, an employer may have violated their employees' rights to privacy if they videotaped them in areas considered private and personal (i.e. those without a necessary business reason). These areas include bathrooms, locker rooms and, in some states, break rooms. Also, employers must notify all employees in writing that video surveillance is being conducted and let them know where they use videotaping. Additionally, employers must clearly state the areas that are off limits from such taping. That having been said, if an employee seeks to sue for invasion of privacy, they must first show a legitimate expectation of privacy at their job. However, this expectation maybe reduced after they've been told by the employer that a certain activities may be monitored (e.g. internet use) or if they've waived their privacy rights in an employment contract or the like. To be certian of your rights under specific state law, contact your state department of labor. You can also consult with an employment law attorney as to this. After you have relayed all of the details of the your situation, they can best advise you further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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