Can You Use Surveillance To Protect My Business?

 

– Christopher Butler, Esq.

 

Passive surveillance isn’t just for doorbells and nanny cams. Businesses and individuals all over the world use a variety of surveillance equipment to monitor activity on their property, for loss prevention, or even to determine liability in an accident. In many ways, most of us are either blind toward or simply apathetic about surveillance, but there are a myriad of legal implications to keep in mind, especially for business owners.  

 

Some examples of business-related surveillance

 

Surveillance systems come in many forms, ranging from the relatively affordable to the shockingly exorbitant. However, three commonly used surveillance technologies include:

 

• Video Surveillance Systems – Video systems are an uncomplicated and affordable means of surveillance that can help a business in a variety of ways. For example, dashcams and closed-circuit television (CCTV) systems are relatively inexpensive and effective deterrents for would-be fraudsters, thieves, and trespassers. And, aside from loss prevention, video surveillance can be a critical tool in managing employee conduct (e.g., discouraging horseplay, averting harassment, etc.).

 

• Productivity Monitors – Further, many businesses that employ remote workers oftentimes utilize dedicated software to monitor employee activity on company-provided computer and mobile communication devices. By design, employee productivity monitoring tools can provide useful data to show just what employees are spending their work time doing, and that can help management measure worker productivity and adjust workflow. And, in turn, productivity monitoring can help minimize wasted time and curtail unauthorized activity.

 

• Audio Recordings – Lastly, customer service centers frequently use audio recordings for training and quality control purposes. Audio recordings are a relatively failsafe way of ensuring compliance with company protocol, minimizing miscommunications, and circumventing the proverbial “he said-she said.”

 

Where and how can I use surveillance in my business?

 

As a business owner, it’s logical to want to avail yourself of each and every type of affordable, commercially available  technology to protect your investment, secure your premises, and maintain profitability. Those systems range from the archaic and unwieldy to the highly sophisticated and clandestine. Regardless of the technology relied upon, businesses don’t exist in a vacuum and that means you have to apply sensibility and undertake steps to ensure that the tools you use are compliant with prevailing personal privacy and employment regulations. The general rule of thumb is that surveillance technology can be used wherever there’s no reasonable expectation of privacy.

 

Whereas your business may utilize video surveillance, productivity monitors, audio recordings, among other methods, there are limits to where and how those systems can be applied. There are many federal and state laws that govern surveillance, particularly those that pertain to video and audio recording and computer/electronic communications. For instance, as we’ve noted, video surveillance can be a great tool for loss prevention – for instance, cameras mounted directly above cashiers or in parking lots can collect data and evidence in the event of a robbery or absolve employees of wrongdoing – however, video surveillance can never be used in restrooms, nursing areas, changing rooms, and the like (as virtually everyone would have a reasonable expectation of privacy in those locations). Moreover, in many states, you may even be required to inform individuals that they are being monitored by video surveillance.

 

Whereas video surveillance is relatively unrestricted, the vast majority of states have specific laws governing audio recordings. The legality of audio recordings in the surveillance setting varies from state-to-state and without much consistency. Further, the federal Wiretap Act generally prohibits anyone from secretly recording conversations that another person believes to be private. But, much like the laws of several states, the Act does not prohibit an audio recording if at least one person in the conversation consents to being recorded—even if it’s the person making the recording. We generally refer to these jurisdictions as being “one-party” as opposed to “two-party” (which require both/all parties to a conversation consent to being recorded).

 

Finally, in April, the National Labor Relations Board (NLRB) asserted that workplace surveillance in the retail and warehousing industries, particularly photographic, video, audio, and activity-tracking systems, may interfere with a worker’s ability to exercise their rights to engage in concerted activity (i.e, to form a union). This proclamation indicates that the NLRB may soon take aim at the scope and extent of permissible workplace surveillance.

 

The Takeaway

All of this is to say that your business may implement and rely upon many different forms of surveillance, which are generally legal and well-advised. Indeed, business owners have the right to maintain reasonable due diligence and implement surveillance methods to help protect their assets, operations, employees, and patrons. However, as we’ve shown, navigating privacy protections can be tricky, and thus careful consideration and planning is necessary to choose the right system for your business. If you have questions about the effectiveness or legality of your company’s surveillance systems, we can help – contact Chris Butler with Agenzia.

Passive surveillance isn’t just for doorbells and nanny cams. Businesses and individuals all over the world use a variety f surveillance equipment to monitor activity on their property, for loss prevention, or determine liability in an accident. In a lot of ways, most of us are either blind toward or apathetic about surveillance, but there are a lot of legal implications to keep in mind, especially for business owners.  

Types of corporate surveillance

Video Surveillance System – This is an uncomplicated and affordable form of surveillance that can help your business in a variety of ways. Dashcams and CCTV are great deterrents for would-be thieves or fraudsters.

Productivity Monitors – Companies that employ remote workers use software to monitor computer activity during work hours on company-owned computers. 

Audio Recording – Customer service centers often use audio recordings for training and quality control purposes. Each recorded phone call must include an explicit disclaimer informing callers that the recording is taking place.

Where and how can I use surveillance in my business?

As a business owner, it’s normal to want to use every type of technology available to maximize profits and protect your investment. Businesses don’t exist in a vacuum though, which means that you have to take steps to make sure that the tools you use are also in compliance with privacy and employment laws. The rule of thumb is: surveillance can be used anywhere there is no expectation of privacy.

Your business can use all the technology listed above, but they can’t be used for just any application. For example, video surveillance is a fantastic tool for loss prevention. Cameras directly above cashiers, or in parking lots can collect data and evidence in the event of a robbery or absolve employees of wrongdoing if the till isn’t even at the end of the night. However, they can never be used in restrooms, nursing areas, or changing rooms as those are locations where there is a reasonable expectation of privacy. Moreover, in many states, you may even be required to inform individuals that they are being monitored by video surveillance with obvious signage.

Conclusion 

As a business owner, you have the right to perform all reasonable due diligence to protect your business and assets. Privacy laws are in place to protect everyone, so it can be tricky to find exactly the right application for your business. If you have questions about whether your surveillance methods are sound, contact the Christopher Butler Firm today for legal counsel.