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Ask Officer Michelle - The Legality of Videotaping at Work

by Michelle Lazark, published on February 27, 2011 at 10:58 AM

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Posted by odiebrodie1

Hello,

Can an employer videotape me without my permission when terminating me? Also, when I asked if I was being videotaped they did not respond to the question. Is that legal?

Dear odiebrodie1,

This is more of a civil matter than a criminal one. It really depends on your expectation of privacy. Were you captured on a surveillance camera? Did you boss videotape you in public? Were you merely in an office? Did you ask your boss to stop the taping and he or she refused? Did the video taping qualify as an invasion or was it an intrusion? Did your boss post the footage on a social media outlet without your consent? These are all questions that you may want to ask an attorney. This is out of my scope and I am not qualified to give you legal advice. This is an interesting question and I learned a lot while doing research. Read Hernandez v. Hillsides. It is a California case that was taken to the Supreme Court.

Look for an attorney that specializes in this type of law. Good luck.

Officer Michelle

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February 27, 2011 | 9:48 PM
If I found out I was being videotaped while being terminated, I would quit!
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February 27, 2011 | 10:12 PM
Hm... interesting situation, I'd try looking at Cal. Penal Code Sec 632(a).

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=630-638
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