Can I use a secret camera in my office?

P

Poison Control

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Jurisdiction
California
I work in an office environment for a publicly traded company. I have a co-worker who absolutely resents my existence (sees me as a threat to her advancement). I've started to suspect that she might actually try to poison me! (Crazy, I know). I set up a secret camera in my office (no sound) and turn it on to record activity at night. My friend is worried I could get in trouble for this. I am recording activity in just MY office in order to prove a serious crime & protect my safety. I prefer not to go to my superiors, while I only have suspicions. Can you tell me about any laws I should be aware of?
 
Your state expressly prohibits the use of hidden cameras in private places. While I realize we're talking about your personal office, I'm not sure I'd want to take the risk.

Not to mention the fact that you can be fired for setting up a camera without permission EVEN IF it is legal.
 
I thought 'private places' were bathrooms, changing areas & anywhere someone would have the expectation of privacy. Although I expect privacy in my own office, I am not sure others should expect this when there is no reason to be in my office at night. Can you expand on the definition of private places? Thanks.
 
An enclosed office with limited access would be a place one would expect privacy. It is not limited to places like restrooms and changing areas. Even if it is not a legal violation, your employer may legally fire you for conducting your own recorded surveillance on their property without permission.
 
I thought 'private places' were bathrooms, changing areas & anywhere someone would have the expectation of privacy. Although I expect privacy in my own office, I am not sure others should expect this when there is no reason to be in my office at night.

I tend to agree with you there. Section 647(j) is the applicable statute:

California Penal Code - PEN § 647 | FindLaw

Paragraphs (2) and (3) address sexually oriented recording and paragraph (1) seems to apply to what you are doing:

(j)(1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments.

However, I don't think that somebody sneaking into your office has a reasonable expectation of privacy but, more importantly, the statute requires that you have the "intent" to invade that person's privacy which you obviously don't.

My 2 cents worth is that you'll have no problem with the CA Penal Code but you sure as heck can get yourself fired if your boss finds out and that could likely be for "misconduct" that will disqualify you for UI benefits.
 
Thank you all for your replies. I conclude that while I am not breaking any laws, my job could be at risk. So, unless I want to seek permission from my employer to record (which I don't), I will pack it up tonight & remain very cautious with what I eat & drink around here.

I highly appreciate the availability of this website & your participation in it, as it is a great public service! Thanks again!
 
I'm not making fun; I'm trying to think outside the box to help you. What makes you think your co-worker is going to try to poison you? And for that matter, why would she be in the building, let alone your office, after hours?

Let's start with that and work from there.
 
From an old song:

Paranoia strikes deep
Into your life it will creep
It starts when you're always afraid.

("Something Happening Here" - Buffalo Springfield)
 
The aggregate of the following:
1. She's very smart
2. She strongly resents my being hired and feels very threatened. She sees me as in her way of advancement.
3. She does not seem to have empathy or regret. She is neurotic & I sense there is something wrong with her. (Personality disorder?)
4. I found out that she used to be a Pharmacy-tech (This is when I started to worry).
5. I had an episode in the office where I was working calmly at my desk & suddenly the world closed in & I felt I was about to lose Consciousness. This scared the beggeezus out of me & I saw a doctor. I wore a heart monitor for a day. Strange erratic sudden heart racing for about a month. No diagnosis.
6. I Switched to bottled water & stopped eating personal foods (bags of snacks I may leave in my desk) at the office. Felt better.
7. Took a sip of my bottled water on a Friday, marked the cap & hid it in my cabinet. Monday, I reached for the water and was SHOCKED that the cap had clearly been tampered with.

I wrapped up the water bottle. Took it home. The next day, I bought a camera.

About being in the office after hours, it is not uncommon. Sometimes people work late or come in over the weekend.
 
1. She's very smart

OK.

2. She strongly resents my being hired and feels very threatened. She sees me as in her way of advancement.

How do you know that? Has she said anything to you in words? If yes, quote them word for word.

3. She does not seem to have empathy or regret. She is neurotic & I sense there is something wrong with her. (Personality disorder?)

Where did you get your psychology degree? Again, what has she said (in words) to make you think that? What behavior has she exhibited? Be specific?

4. I found out that she used to be a Pharmacy-tech (This is when I started to worry).

THAT made you start to worry? I'm starting to think that there may be something emotionally wrong with you, not her.

5. I had an episode in the office where I was working calmly at my desk & suddenly the world closed in & I felt I was about to lose Consciousness. This scared the beggeezus out of me & I saw a doctor. I wore a heart monitor for a day. Strange erratic sudden heart racing for about a month. No diagnosis.

You mean no "medical" diagnosis. What you are describing is a panic attack and you need to talk to a mental health professional to figure out why.

6. I Switched to bottled water & stopped eating personal foods (bags of snacks I may leave in my desk) at the office. Felt better.

Felt better because you "think" you fixed something when there might not have been anything to fix.

7. Took a sip of my bottled water on a Friday, marked the cap & hid it in my cabinet. Monday, I reached for the water and was SHOCKED that the cap had clearly been tampered with.

Did you have the water analyzed to determine if anything was put into it?
 
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