Is it legal to record personal caregivers in our home?

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Is it legal to record personal caregivers in our home?

Our disabled son lives on his own with Personal Care Attendants (PCA’s)coming in to care for him from an agency we contract with. From time to time we get conflicting stories as to what is causing issues in the home with these workers. Are we allowed to put in cameras with sound to record these workers? What type of lawyer would I seek to ensure we are within the laws of our state? If we use recordings we could support the concerns my son has with his caregivers.

Asked on October 30, 2017 under Employment Labor Law, Minnesota

Answers:

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

Answered 4 years ago | Contributor

In MN, so long as 1 party to a conversation agrees to its recording, then it is legal. Therefore, assuming that your son has the mental capacity to agree to a recording being made, then it is legal. As for using video surveillance, the same rule applies. Just note, however, you cannot videotape a person in areas in which they have a "reasonable expectation of privacy". In other words, don't put cameras in the bathrooms.


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