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Can a Fire Department setup audio surveillance of its employees, which catch audio in "living areas?

Discussion in 'Employment, Labor, Work Issues' started by madeupnamehdhd, Jun 16, 2020.

  1. madeupnamehdhd

    madeupnamehdhd Law Topic Starter New Member

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    Jurisdiction:
    Missouri
    These surveillance cameras record audio, as well as video. They are placed on the outside of the building, however they clearly pickup conversations indoors in "living areas" such as a kitchen, break room, etc. This is of union firefighters, who have a collective bargaining agreement in place (however no provisions on surveillance are in this agreement).

    These cameras operated 24/7 (even after normal business hours). Is this legal, or does it violate any sort of wiretapping or eavesdropping laws? Also, I should mention, that none of the employees have consented to this.

    Thank you for the info!
     
  2. adjusterjack

    adjusterjack Super Moderator

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    It's legal. Missouri limits the recording and interception of electronic communications but it is only illegal to record oral conversations when they are

    "uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation;"

    Scroll down to Wiretapping:

    2019 Missouri Revised Statutes :: Title XXXVII - Criminal Procedure :: Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures

    You're sitting in the kitchen and breakroom, you know that your conversations are being recorded. There is no expectation of privacy.

    If you don't want to be recorded, don't engage in conversation. Or, at least, don't say anything that can be used against you.
     
  3. army judge

    army judge Super Moderator

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    If people have legal concerns, especially union members, said persons would be best advised to speak with a shop steward (union representative) or union attorney.

    When "big brother" is watching and/or listening, "lil step-brother" is best advised to mind his Ps and Qs.

    Mum is the word, especially when "big brother" is "eye balling" you.
     

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