QUESTION

Security cameras office bathrooms

Asked on May 24th, 2013 on Labor and Employment - Nevada
More details to this question:
My daughter's company is installing security cameras in her office (Las Vegas Nevada) Including the bathrooms. Is this allowed?
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1 ANSWER

R. Christopher Reade
Privacy in the workplace is really less than in many other settings. The term "invasion of privacy" really encompasses five different types of claims in Nevada: (1) unreasonable intrusion upon the seclusion of another; (2) appropriation of the name or likeness of another; (3) unreasonable publicity given to private facts; (4) publicity unreasonably placing another in a false light before the public and (5) invasion of the right of publicity. It is the first one that people usually associate with the concept of invasion of privacy and one that is discussed below. The claim for "intrusion" requires: (1) an intentional intrusion (physical or otherwise); (2) on the solitude or seclusion of another; (3) that would be highly offensive to a reasonable person. You have to show that you have an actual and reasonable expectation of seclusion or solitude. The Nevada Supreme Court has stated that there is no invasion of privacy to photograph a person in a public place because the person is in plain view and has no expectation that what is publicly viewable is in any manner private. Therefore the focus of the inquiry would be on whether the area that was photographed was publicly viewable and is an area where you expect secrecy, privacy and seclusion; the expectations for a retail counter or cubicle and a stall in a restroom are therefore different. The questions regarding what types of intrusions are highly offensive is a flexible question based upon the nature of the intrusion. Therefore this question is highly fact-specific, including the degree of intrusion, the circumstances surrounding the intrusion, as well as the intruder's motives and objectives, the setting into which it intrudes, and the expectations of those whose privacy is invaded.
Answered on May 25th, 2013 at 5:23 PM

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