Can my company record audio in the car I drive for them?

UPDATED: Sep 30, 2022

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Can my company record audio in the car I drive for them?

The company I drive for recently installed forward facing cameras in all the
vehicles for safety reasons,which I understand.But is has come to our attention
that audio inside the cars is being recorded.Is this legal?

Asked on August 3, 2016 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In your state, if you are aware you are being recorded and implicitly consent to it (e.g. by continuing to work/drive for them after being aware that you are being recorded; by continuing to work under that condition, you are held to have agreed to it), then it is legal to record you and to also record any persons with whom you are speaking. If there happen to be two or more other (not you) people in the vehicle who are speaking, you are not part of that conversation, and those people are not aware of being recorded, then recording that conversation is illegal. This is because your state is what is commonly called a "one party consent" state, which means that so long as one party to (or participant in) a conversation consents (even if the consent is required, as part of having the job) to being recorded, the recording is legal.

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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