Workplace Video Surveillance Policy Template
Workplace video surveillance has numerous benefits, from preventing theft to reduced harassment. However, it comes with the risk of violating employees’ privacy. A well-drafted workplace video surveillance policy can inform the employees about the surveillance and help avoid legal troubles down the road.
To draft an effective workplace policy, it is crucial to first consider the applicable laws concerning video surveillance. Next, draft the policy per these laws and include important information such as the scope of surveillance and data collection.
Continue reading below as we provide more information on how to draft an effective workplace video surveillance policy.
What is a Workplace Video Surveillance Policy?
A workplace video surveillance policy is a legal document that informs employees about video surveillance in the workplace and obtains their formal consent.
The purpose of this document is to prevent all stakeholders, including employers, employees, and clients, from running into legal problems down the road.
An effective employee video surveillance policy addresses how the laws concerning workplace surveillance, such as the Electronic Communications Privacy Act, will be applicable. They should also include the purpose, location, and timing of employee monitoring.
This kind of transparent disclosure has the potential to boost employee morale and provide employees with some understanding of personal space and privacy expectations while they are on the job.
Laws to Consider When Drafting Workplace Video Surveillance Policy
Navigating workplace laws can be complex, especially given that both state and federal laws differ when it comes to workplace video surveillance. In such cases, we highly recommend consulting a legal expert as you draft the policy.
In the meantime, here are a few legal considerations as you draft the policy:
Legitimate Business Purpose
The ECPA mandates that employers have a legitimate business purpose to conduct workplace video surveillance. When thinking of a legitimate business purpose, consider the benefits that the surveillance will bring. Following are some examples of a legitimate business purpose:
- Minimizing the risk of theft
- Preventing potential security risks to customers
- The prevention of violence, threats, and battery on work premises
- Documenting incidents via the use of video footage
Location of Surveillance
While video surveillance may be permissible in light of a legitimate business purpose, there are still some limitations on where it can be conducted. For example, the ECPA forbids video surveillance in the following areas:
- Restrooms
- Cafeterias
- Changing areas
- Workplace common areas
Locker rooms
The law further goes on to forbid workplace surveillance in any other areas where employees can have a “reasonable expectation of privacy.”
Nevertheless, it is possible to conduct surveillance of these areas in case the employee provides explicit, informed consent.
Union Surveillance
Laws such as the National Labor Relations Act provide important protections to unions by prohibiting video surveillance to record their activities. So, for example, it may not be permissible to record any instances of union meetings.
Additionally, before implementing surveillance, employers must negotiate with union employees.
Workers on Leave
If you intend to surveil workers while they are on leave, it may bring you some relief knowing that there have been past rulings against employees who contested monitoring of their actions while on medical or workers’ compensation leave.
However, keep in mind that these cases pretty obviously involved employees abusing their leave rights.
So, for instance, one case involved a sick worker who spent the day at the gym, and another used FMLA when his annual leave application was turned down.
The court might rule in the employees’ favor if it was found that employer surveillance overstepped the bounds of reason and discouraged workers who had a genuine need for leave from utilizing their legal rights.
What to Include in the Workplace Video Surveillance Policy
Now that we’ve discussed the various laws concerning workplace video surveillance, let’s talk about everything that you must make sure to include in the draft policy.
Introduction
In this section, you will try to inform your employees of the rationale behind the company’s policy of employee monitoring and provide them with details about the monitoring software that will be used.
Effective use of this section goes a long way in making sure your employees are well-informed, resulting in better morale and clear expectations of privacy in the workplace.
Make sure to keep this section comprehensive. Include details about potential benefits for employees to increase their comfort around the implementation of this software.
Scope of Policy
In this section, you need to specify to whom the policy on employee monitoring is applicable.
Anyone whose work with the firm could be affected by the policy is considered to be part of the company, whether they are employees, freelancers, paid or volunteer members, or not.
Monitoring Methods
Specify the methods you intend to use for monitoring your employees and the workplace.
Go into further detail about the kind of monitoring, its intended use, its implementation in the workplace, and any potential effects on employees’ right to privacy. Be sure to specify whether the surveillance will apply to any remote work.
Data collection
Specify what information the employee monitoring system will gather and how it will affect the employee’s right to privacy. It is also critical to specify how the acquired data will be handled to ensure the employees’ data protection.
Data storage is a highly controversial topic concerning various laws, which makes this a crucial part of the monitoring strategy.
Signature
This section is typically included at the end of the workplace video surveillance policy. All parties affected by the video surveillance should be able to sign the policy, including the employer or business, the employee, and any witnesses.
It indicates that the company intends to follow the video surveillance policy and helps to shield everyone from any legal issues that may arise from employee surveillance.
Any time there is an alteration in the method the company or employer uses to surveil its employees, the employee monitoring policy needs to be revised and re-signed by everyone concerned.
Conclusion
Implementing workplace video surveillance comes with many challenges unique to each company. This is why we recommend obtaining expert legal advice as you draft the policy. However, it’s also recommended to familiarize yourself with specific components of the policy using the information in the above article.