Can employers use office security cameras?

The short answer is yes.

There is no law that makes it illegal to place surveillance cameras in your workplace.

However, there are regulations in place to protect your employees’ rights, such as where to place them, consent, and whether audio recording is enabled.

While there aren’t many restrictions on using CCTV cameras for workplace surveillance, the regulations on whether you’re allowed to record audio is a little trickier. In some places, it’s only legal if at least one party within the conversation consents to the recording. While in some others, both parties need to consent for it to be legal.

Here we’d like to focus on how you can legally use video surveillance to protect your company, employees, and customers.

Video Monitoring Regulations

Although regulations on the use of video cameras in the office depend on your state laws, there are three general rules.

Your employees need to be notified of the use of cameras. Hidden cameras are illegal even if they’re for a reasonable purpose, as they may violate employees’ basic privacy rights. Most companies let employees know about the presence of a surveillance camera and sign for consent through the employee handbook. While in customer-facing buildings, it’s best to show a sign to let customers know that there are cameras within the area.

You can only install cameras in common spaces as to not violate your employee’s privacy. This means no installing cameras in restrooms, lounge rooms, or break rooms, where the privacy of employees is expected.

You need a legitimate reason to install the cameras. This sounds a little vague, but we’ll expand further here.

In the workplace, CCTV systems are a great option to check your employees’ accountability, as well as tighten security around your building. Whether you’re an enterprise, a small business, or just using security camera systems for home security, having one installed gives you peace of mind.

However, there are some laws to make sure that you’re not violating your employees’ rights either. Before you set up a surveillance camera within your office, it’s best that you find out what’s allowed, what’s not, and what’s just downright creepy.

Legal Use Cases for Video Surveillance

While there are no federal laws prohibiting you from installing security surveillance cameras, most of the time you’ll need a reason to do so. Here are a few examples of when it’s legal to install a surveillance camera in your workspace.

Prevention of Theft

Whether internal or external, theft is one of the main reasons most businesses get a CCTV installed in the first place. Most business owners install a camera hoping that they’d get a piece of evidence so they can hold the perpetrators accountable. However, the presence of the camera itself will also deter theft and many other criminal activities.

The theft we’re talking about here might be internal theft or external theft.

Internal theft is done by one of your employees. It might include employees stealing office supplies, goods, and even sensitive data from the company.

External theft is done by someone outside of the company, such as business partners, visitors, or customers. Examples include customers shoplifting from your store or an unauthorized party trespassing on your property.

If you’re installing cameras to prevent crime within your building, make sure that you’re buying the right ‌cameras for your purposes. For example, adding an outdoor camera with night vision would be ideal if you’re worried that a thief might break in at night to steal from your store or office.

Safety and Wellbeing of Employees (and Customers)

The second reason that allows you to install a surveillance camera is to protect customers and employees within your building. Some insurance companies might offer you a lower premium if you have surveillance cameras installed, as it’d be easier to investigate a crime and protect you from insurance fraud.

However, the main goal of installing security cameras in this instance is quite similar to when handling theft. You’d like to collect evidence and deter crime from taking place within your property.

For example, if there’s a recent robbery within the area, installing a surveillance camera is necessary to protect both your employees and customers from criminals.

Other examples are if an abusive customer harasses employees or if employees get into an altercation, whether verbally or physically. In this case, the video recording could not only protect employees from external harassment, but also provide visibility into bullying, harassment, and any other form of violence between employees.

Employee Accountability

If you have a small team that you can easily oversee and vouch for, this might not be a problem for your company.

However, that’s not the case for most organizations.

Companies are allowed to monitor employees if they suspect unlawful behavior within the workplace that might impact their performance, the company, or customers. This is especially true if their lack of accountability violates the signed employment contract. This can include drinking, doing drugs, or any other dangerous behavior.

Monitoring can also improve employees’ productivity. However, constant monitoring can stress employees out and cause unnecessary discomfort. To ease this discomfort, we recommend communicating about the surveillance cameras and why it’s necessary for your business.

Illegal Use Cases for Video Surveillance

While you’re allowed to install surveillance cameras within the workplace, not all areas are up for grabs. Although the legal boundaries of a video surveillance system vary by state, here’s one thing they have in common: they can’t be installed in places where there is a reasonable expectation of privacy, including, but not limited to, the restroom and the locker rooms.

Under normal circumstances, installing cameras in these places would mean that you’re violating privacy laws and might cause some serious legal issues.

Here are a few examples of places that you’re not supposed to monitor.

Surveillance Cameras in Restrooms

Restrooms are one of the places where privacy is expected. You can set up a camera within the hallway leading to the restroom, but you’re not allowed to set one up within the restroom itself.

Surveillance Cameras in Locker Rooms

A changing room, or a locker room, is where employees change in and out of their uniforms or professional attire. In this case, privacy is also expected, which means it’s illegal to install a camera within locker rooms.

Surveillance Cameras in Employee Lounges or Break Rooms

A break room or a lounge is a bit of a gray area.

As employees are off the clock, technically they should have rights to privacy in lounges or break rooms. Yet, these are common areas and not sensitive sections, like restrooms or changing rooms.

There are no specific laws stating that there’s an expectation of privacy in the break room either, as it’s also a common area. Therefore, employers can technically install a surveillance camera, given that there is a reasonable excuse to do so.

Educate Yourself and Your Team About Your local CCTV Regulations with Our support team

Regulations about installing CCTV cameras for video surveillance within the workplace vary by state. If you’d like a more in-depth explanation about your specific area, check with your local labor agency to find out more about state laws. Better yet, we recommend consulting a local legal professional who would be qualified to give legal counsel.

However, as long as you’re mindful of your employees’ rights and don’t violate their privacy, you should be able to plan where to put your surveillance cameras.

You might face friction when trying to install a surveillance system within your company. Employees who don’t understand the purpose of the cameras might feel like you’re constantly monitoring them, that you don’t trust them, or that it violates their privacy.

One way you can reduce this friction is by letting them know why you’re installing the cameras, as well as educating them on the state regulations, so they can also remind you when they feel like you installed a camera at the wrong spot.

We offer a wide range of courses for your business needs, from privacy laws, security awareness training, to workplace etiquette. With our diverse categories, you can pick and host all the training you need for your business from one platform.

If this is something you’re interested in, contact us to see if we have the right program for your business.