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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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