Cleveland, OH asked in Employment Law for Ohio

Q: My job has security cameras. Can my employer secretly place a cellphone in a room to record what you do?

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1 Lawyer Answer
Neil Klingshirn
Neil Klingshirn
Answered
  • Independence, OH
  • Licensed in Ohio

A: Federal law prohibits audio recording of conversations unless at least one party to the conversation consents to the recording. 18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited. Therefore, if your employer is recording your conversation while not a part of it, it may be afoul of this law.

This prohibition is against audio only, probably because video surveillance was not a thing when it was enacted. That explains why security cameras can record video without breaking this law.

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