Security cameras are everywhere. Employers can track company computers, monitor internet usage and even review emails sent through workplace systems. As technology has expanded, so have questions about how much monitoring is too much. What rights do employees have to any kind of privacy on the job?
In New York, the rules are different depending on whether the employer monitoring involves cameras, electronic communications or personal devices, making it important for both employers and employees to understand what the law does (and doesn’t) allow.
Cameras in the workplace
Video surveillance is common in many workplaces. Employers often use cameras to deter theft, improve security and investigate workplace incidents. In most cases, New York employers may install cameras in areas where employees and customers can reasonably expect to be observed, such as entrances, hallways, sales floors, warehouses and parking lots.
There are limits, however. Employers generally may not place cameras in areas where employees have a heightened expectation of privacy, such as restrooms, locker rooms or changing areas. New York Civil Rights Law Section 52-c specifically prohibits employers from using video surveillance to monitor employees in employee restrooms, locker rooms or changing rooms. Violations can expose employers to significant civil liability and fines..
Computers and other electronic devices
Electronic monitoring in the workplace is even more common than video surveillance. Employers may monitor company-owned computers, smartphones, tablets, email systems and internet usage. They may also review files stored on company devices and track activity on company networks.
New York law requires private employers to notify employees if they monitor telephone conversations, emails or internet usage. Employers must provide written notice upon hiring and obtain written acknowledgment from employees. They must also post notices informing workers that electronic monitoring may occur.
The answer becomes more complicated, however, when personal devices are involved. In general, employees have stronger privacy protections when using their own phones, tablets or computers. However, personal privacy can become blurred when employees use their personal devices, like cellphones, for work purposes, connect to company networks or install employer-required software.
For example, an employee who accesses company email through their personal phone may unknowingly allow certain business-related information to become accessible through company security or management systems. The extent of that access often depends on the employer’s policies, any consent agreements the employee signed and the technology being used.
Can employers listen to conversations?
Audio monitoring raises different legal concerns than video surveillance. While employers may monitor certain business communications under limited circumstances, recording or intercepting conversations without proper authorization can be outright illegal.
While New York is a “one-party consent” state for audio recordings, employers cannot secretly record an employee’s private, face-to-face conversations if the employer isn’t actually included. In other words, placing hidden microphones around the workplace to record employees talking to each other when they reasonably believe their conversations are private is considered unlawful eavesdropping.
In general, New York employers do enjoy broad authority to monitor workplaces, company-owned devices and electronic systems, but their authority is not unlimited. Employers who are concerned about their options and employees who feel their privacy has been violated can both benefit from legal guidance.
