Workplace Video Surveillance Policy

Many businesses install on-premises closed-circuit camera systems to monitor shared or common areas.

Video surveillance can deter, prevent, or help resolve theft, physically threatening incidents, or other dangerous conditions or situations.

California's state constitution grants all persons a reasonable expectation of privacy from government and commercial intrusion. Thus, businesses must not use unduly invasive electronic surveillance systems.

A video surveillance policy should:

• Reserve the company's right to install video-only cameras in non-private areas of the workplace, i.e., steer clear of private offices, changing rooms, or bathrooms (indiscriminate sound recordings are barred by Penal Code section 632);
• Inform employees that video feeds may be monitored, recorded, and viewed periodically;
• Caution workers that recordings can also occur outside of business hours;
• Clarify the company reserves the option of retaining or securely discarding such recordings at its discretion; and
• Confirm that employees have no reasonable expectation of privacy in any areas under video surveillance.

Take-Away:

Implement and regularly review a comprehensive, clearly written handbook with an updated and compliant workplace video surveillance policy.

We publish this series to educate employers on best practices for a well-written handbook that assists applicants, employees, and management alike. To purchase our template handbook - which contains the above policy and much more - and accompanying forms or for more information, please contact Office Manager Aimee Rosales at 626.583.6600 or email her at officemgr@tbowleslaw.com.

See also:

• Handbook Helper Episode 13: Company Devices: Hand On, Hands Off- An Electronic Systems Policy (October 14, 2022)
• Handbook Helper Episode 12: Prying Eyes - Employee Privacy Policy (September 30, 2022)
• Handbook Helper Episode 5: Golden Rules - Workplace Conduct Policy (July 8, 2022)

Cindy Bamforth
October 21, 2022