Legal Advice

[dbacks fan]

I know that there are some people with legal backgrounds here, and I know laws differ by states, but I have a friend that needs some advice. (I will also be checking with coworkers in the police dept. and courts here that I'm going to ask as well)

My friend owns a dog walking and pet sitting business, and with some clients she stays in the homes of the pet owners while they are out of town. One particular client has recently installed a video security system in their house that has cameras that are daylight and infrared. While normally here in Phoenix this is not uncommon, this particular one was purchased at Costco for about $700.00 and comes with eight cameras and a dvr that can be connected to a home network so you can monitor from anywhere, the issue is that there is a camera in the guest room where she sleeps. She has no control over the camera other than covering it up. I understand people using systems like this especially if it were a nanny or baby sitter to protect the childs welfare, but isn't there a reasonable expectation of privacy for some one that was hired to house/child/pet sit that the room that they sleep in is private? The owners claim is that they have people in and out of the house often to do work, but to me this oversteps the bounds.

Please keep responses to the issue, is this illegal?

[Conan71]

I think the only way this becomes illegal is if they try and conceal the camera and subsequently use any footage shot for profit or nefarious purposes without the express consent of the subject of the filming.  If it's private property, they have the right to monitor and secure whatever they want.  That's my take anyhow. 

[waterboy]

I was hoping some lawyer would respond. My feeling is that once you hire someone, that doesn't give them the right to abuse your rights to privacy. Otherwise, an employer could legally monitor your bathroom activities under the guise of private property rights. Whether they use such recordings for profit or private jollies seems unimportant. There are certain basic rights to privacy.

[Conan71]

I was hoping some lawyer would respond. My feeling is that once you hire someone, that doesn't give them the right to abuse your rights to privacy. Otherwise, an employer could legally monitor your bathroom activities under the guise of private property rights. Whether they use such recordings for profit or private jollies seems unimportant. There are certain basic rights to privacy.

I have a law degree hanging on my wall, it just happens to be my father's.

Many employers use cameras to monitor employees, customers, and unwanted guests in common areas and building exteriors, including parking lots.  Whether it's office buildings, hospitals, manufacturing plants, or Wal-Mart it's perfectly legal.  You can choose not to take the job if you know full well most every move is going to be captured on a hard drive or tape.

[nathanm]

I have a law degree hanging on my wall, it just happens to be my father's.

Many employers use cameras to monitor employees, customers, and unwanted guests in common areas and building exteriors, including parking lots.  Whether it's office buildings, hospitals, manufacturing plants, or Wal-Mart it's perfectly legal.  You can choose not to take the job if you know full well most every move is going to be captured on a hard drive or tape.

I don't think that's at issue. The question is whether, if an employer is providing boarding, the employer can put a camera in the employee's personal space.

[waterboy]

I don't think that's at issue. The question is whether, if an employer is providing boarding, the employer can put a camera in the employee's personal space.

That's what I'm saying. They are buying your services not your soul. Public areas fine. They set aside a special place for me to sleep or shower they have no right to record my actions. Nonetheless, court decisions may disagree.

No offence meant counselor by birth association Conan.

[dbacks fan]

That's what I'm saying. They are buying your services not your soul. Public areas fine. They set aside a special place for me to sleep or shower they have no right to record my actions. Nonetheless, court decisions may disagree.

No offence meant counselor by birth association Conan.

To H20, Conan, and nathan. I believe that there should be a reasonable expectation of privacy in a sleeping/guest room area. Common places in a home are just that, common places, ie family room, kitchen, entrance, garage, but a camera in a bedroom is out of line with me. I have posed this question to people in the police dept. and the prosecutors office in the town that I work for and am waiting for their input to see where the line is drawn.

[dbacks fan]

I just got an email from one of the commanders in our police department,

"No violation of law if she is aware of the recording. if I were her I would stay in another room or decline the job all together."

[Conan71]

What do I win? 

[Red Arrow]

Lunch with your avitar

[Conan71]

Lunch with your avitar

Well, smile!