The U.S. Supreme Court has interpreted the U.S Constitution to protect personal freedoms, such as the right to privacy under the 14th amendment. The 1st, 4th, and 5th Amendments also provide some protection of privacy, although in all cases the right is narrowly defined. There is also statutory right of privacy which limits access to personal information. The 4th and 14th amendment provides the constitutional basis for the right of privacy for public employees (e.g., federal, state, county and municipal). However, these amendments do not apply to employees in the private sector. Employee rights in the private sector are covered by states statutes, case law and collective bargaining agreements. The Federal Wiretapping Act provides that it is unlawful to intercept oral or electronic communications. Both criminal and civil penalties are provided for by this Act. There are two exceptions: • An employer can monitor his/her/its telephones in the ordinary course of business through the use of extension telephone; and • An employer can monitor employee communications with the employee’s consent. Consent may be established by prior written notice to employees of the employer’s monitoring policy. Consent signed by the employee is preferable. The same principles should apply to video surveillance.
Consent of Employee to be Monitored and Recorded for Security Purposes Pursuant to Closed-Circuit Video Surveillance Whereas, (Name of Employer), a corporation organized and existing under the laws of the state of (name of state), with its principal office located at (street address, city, state, zip code), referred to herein as hereinafter referred to as Employer, owns and operates a (e.g., business, factory, plant) located at (street address, city, county, state, zip code), hereinafter called Premises; and Whereas, (Name of Employee) hereinafter referred to as Employee, either desires to be employed by or is employed by Employer on Premises; and Whereas, Employee recognizes the need for closed-circuit video surveillance on and about Premises for security and productivity purposes; and Whereas, Employee recognizes and agrees that it is a condition of employment and/or continuing employment with Employer that Employee freely execute and agree to this closed-circuit video surveillance, included being personally recorded pursuant to said closed-circuit video surveillance; Now, therefore, for and in consideration of employment with Employer, and other good and valuable
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