Is it legal for an employee to do audio recording without notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for an employee to do audio recording without notice?
My cousin had an issue at her store, she found out now the company is going to go back 2 months and look at video and audio, she was shocked as she had no clue there was any audio being recorded. As a former employee at the same company I was also shocked as I was never told either. She’s in fear that maybe she said something or in discussing with a customer that could get her fired. I was wondering the legality of hidden recordings at work. I’ve found only information on video which is 100% in employees favor and understandable.
Asked on August 30, 2019 under Employment Labor Law, South Dakota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
SD is what is know as a "1 party consent" state. This means that at least 1 party to a converstion much agree to its being recorded for such a recording to be legal. Accordingly, if neither the employees or customers knew of the recording, then it was illegal. However, there is an exceptiion. Conversations taking pace in public areas have no "expectation of privacy", therefore no consent need be obtained. So it depends on just where the audio equipment is located. If it is in a lobby or other common area, then anyone can record, permission or not; if conversations are in private offices or the like, then consent is needed.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
SD is what is know as a "1 party consent" state. This means that at least 1 party to a converstion much agree to its being recorded for such a recording to be legal. Accordingly, if neither the employees or customers knew of the recording, then it was illegal. However, there is an exceptiion. Conversations taking pace in public areas have no "expectation of privacy", therefore no consent need be obtained. So it depends on just where the audio equipment is located. If it is in a lobby or other common area, then anyone can record, permission or not; if conversations are in private offices or the like, then consent is needed.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.