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New Hampshire Consent of Employee to be Monitored and Recorded for Security Purposes Pursuant to Closed Circuit Video Surveillance - CCTV

Category:
Employment - Consent and Permission
State:
Multi-State
Control #:
US-00845BG
Format:
Word; 
Rich Text
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Description

The 4th and 14th amendment provides the constitutional basis for the right of privacy for public employees (e.g., federal, state, county and municipal). However, these amendments do not apply to employees in the private sector. Employee rights in the private sector are covered by states statutes, case law and collective bargaining agreements.


The Federal Wiretapping Act provides that it is unlawful to intercept oral or electronic communications. Both criminal and civil penalties are provided for by this Act. There are two exceptions:


a. An employer can monitor his/her/its telephones in the ordinary course of business through the use of extension telephone; and


b. An employer can monitor employee communications with the employee=s consent. Consent may be established by prior written notice to employees of the employer's monitoring policy. Consent signed by the employee is preferable.


The same principles should apply to video surveillance.

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FAQ

In California, it is a misdemeanor to record a conversation without the consent of all parties to the conversation, which can lead to fines of up to $2,500 and/or imprisonment for up to a year.

New Hampshire law provides that it is illegal to record an in-person or telephone conversation without the consent of all parties. However, the New Hampshire Supreme Court has held that a party essentially consented to a recording when the overall circumstances demonstrated that they knew they were being recorded.

Generally, employers are not allowed to listen to or record conversations of their employees without the consent of the parties involved. The Electronic Communications Privacy Act (ECPA) allows employers to listen in on business calls, but are not allowed to record or listen to private conversations.

New Hampshire's laws regarding secret audio recordings are among the strictest in the country. State statute makes it a Class B felony to make an audio recording of a conversation unless all parties to the conversation consent to the recording.

An employer can monitor their CCTV cameras from anywhere, but they must adhere to data protection law in doing so. For instance, they must tell employees why they are using cameras, and think about whether there are alternatives that would bring the same results without that level of monitoring.

It is only acceptable to introduce audio recording at your workplace if the purpose is justifiable. All employees also need to be made aware that both video and sound are being captured by cameras.

Employers cannot record audio without consent California Penal Code Section 632 makes it a crime to record audio of confidential conversations without the consent of all parties. Many employers who install surveillance cameras that also make audio recordings are not aware of this.

Employers cannot record audio without consent California Penal Code Section 632 makes it a crime to record audio of confidential conversations without the consent of all parties. Many employers who install surveillance cameras that also make audio recordings are not aware of this.

Can CCTV be used to monitor staff? CCTV monitoring can be legally used to monitor staff as long as you have made them aware of this in writing and explained the reasons why. It is only acceptable to monitor staff secretly in rare circumstances.

Can my employer videotape me? In order for an employer to legally videotape you in the workplace, there must be a legitimate business reason for the recording. Such purposes can include security reasons, time and motion studies, or other investigative processes.

New Hampshire Consent of Employee to be Monitored and Recorded for Security Purposes Pursuant to Closed Circuit Video Surveillance - CCTV Related Searches

  • N.H. employee privacy laws
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