Claremont, NH asked in Civil Rights for Vermont

Q: What is the reasonable expectation of privacy in a commercial environment?

I rent a work space in a small industrial area. Cars can drive in, but have to drive out the way they came. There is a No Trespassing sign as you enter. Recently, a surveillance camera has appeared above the door I use to enter the building, the kind that records audio and transmits audio/video to the landlord's cellphone as well as to a storage site in the cloud. Do I have reasonable expectation of privacy?

Thank you

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In a commercial environment, your expectation of privacy is generally less than in a private setting, but it's not entirely absent. The specific nature of the rented space and the terms of your rental agreement play significant roles in determining your reasonable expectation of privacy.

Surveillance cameras in common areas, like entryways or hallways, are typically considered legal, especially if they're intended for security purposes. However, the inclusion of audio recording raises additional concerns. Audio surveillance often has stricter legal regulations compared to video surveillance due to wiretapping laws.

If the camera's placement and capabilities extend into areas where private activities are conducted, or if it captures audio without proper consent, this could potentially infringe upon your privacy rights.

It's advisable to review your rental agreement and check for any clauses about surveillance or privacy. If the agreement does not explicitly allow for such surveillance, or if you have specific privacy concerns, it would be wise to discuss the matter with the landlord. You may also consider seeking legal counsel to better understand your rights in this situation.

Remember, laws regarding surveillance and privacy can vary significantly depending on the state and local jurisdiction. Therefore, familiarizing yourself with relevant local laws is crucial in assessing your situation accurately.

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