Issue is whether you and your co employees might reasonably expect your conversations to be recorder. Normally the employer should provide advance notice but he might not have to if these conversations are held on the employer's premises and could be employment related speech or discussions regarding work. Is the Surveillance Legal? Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C.A. ?? 2510-2520) generally provides that any person whose communication is intercepted, disclosed, or intentionally used can file a civil lawsuit. Many states have adopted the federal law, and some states provide greater protection. Under most communication interception statutes, a two-step analysis is used to determine whether surveillance is legal. First, a court must examine the statute to determine whether the communication at issue falls within the scope of the statute. If so, the court then examines whether an exception might apply. A two-step analysis is used to determine whether surveillance is legal. First, a court must examine the statute to determine whether the communication at issue falls within the scope of the statute. If so, the court then examines whether an exception might apply.In the first step, the most common issue is whether a conversation is private; most statutes only cover confidential or private communication. A general rule is that if the people engaged in the conversation can reasonably expect their conversation to remain private, then the statute protects that conversation. Courts normally consider telephone conversations to be private. Some exceptions include fellow members of a family listening by picking up an extension in the same house, and an employee using a work telephone to make a personal call.
Answered on Apr 16th, 2012 at 2:07 PM