Is It Legal to Record Employee Conversations via CCTV Without Their Consent?

Recording Employee Conversations via CCTV: Legal Considerations

Can an organization record employee conversations through CCTV without their knowledge or consent? Is it legal to do so, and can this information be used to take action against an employee?

These days, most companies have CCTV for safety and security reasons, so there is nothing harmful about it.

Regarding your question, if the conversations are objectionable and violate the code of conduct of the company/organization, then yes, the management has the right to take appropriate action.

Regards,
Rajeev Dixit

Dear Jls1900, Firstly, I doubt whether CCTV has the facility to do audio recording. CCTV just captures videos and nothing else. Secondly, even if it is believed that CCTV can capture audio as well, will it amount to policing the employees? What is the prime objective of running an enterprise? Is it giving value to the stakeholders, providing quality goods or services to customers, or keeping an eye on employees surreptitiously? Will it not demotivate the employees? If yes, then will you be able to measure the cost of demotivation?

The unsaid part of your post is a lack of trust in a certain section of the employees. Why have things come to such a pass that you felt the need to record the conversations of the employees? Your need shows the vitiated culture of the organization.

Sometimes, conversations with customers are recorded for training purposes. Furthermore, a few airlines also record videos to track customer dissatisfaction. Therefore, please specify the exact purpose of your activity. Without that, it may not be possible to provide the exact solution.

Thanks,

Dinesh Divekar

CCTV and Voice Recording Concerns

CCTV can record only images, not voices. While it may be technologically feasible in the long run, your query or posting highlights a good area for research and technology upgrades!

But tell me, why are you afraid of the company recording your voices? Does it mean that you have been speaking in an unauthorized or improper manner? Perhaps the conscience pricks. As long as you are honest in your work and interpersonal relations with colleagues and management, you don't have to be afraid of CCTV or anything else, right?

Legality and Ethics of Recording Employee Conversations

Can? Yes. Legal? No. Should an employer do it? No (even if you gain their signature or approval). Why? Because you are then demotivating employees to speak up and making it a cattle-shed firm, leading your employees like cattle, and you'll eventually lose your employees.

The whole purpose of CCTV is to address the need for security at the workplace, not to stifle creativity or for any other purpose.

Recording a conversation serves no competitive purpose—employees aren't going to be talking to recruiters or potential employers at their workplace anyway.

To my knowledge, there is no legitimate process available in establishments. Maybe in high-security and sensitive areas, there could be such arrangements. If you have enough agreed provisions in your Standing Orders, maybe you could deploy with the consent of the employees concerned. But where are the gadgets? Do you want to use methods like spying? There are workplaces where heavy machinery with loud noise is deployed. In such places, microphones are always on to give instructions to the workers on duty and to convey/sound fire alarms in emergencies. The same methods could be used in combination with CCTV cameras.

If the CCTV is placed in a restroom in such a way that the conversations (whether audio is available or not) of workers can be viewed, then such practice is illegal, as was decided in a very recent case by the Madras High Court in Raptakos Brett Employees' Union vs. Dy. Commissioner of Labour and Raptakos Brett & Co. Ltd.

Madhu.T.K

First, the purpose of such an exercise seems contrary to the essentials of a sound organization, which must consider employees as assets and strengths. There will be no value addition; rather, it will be considered by employees as a breach of trust.

On the same lines, will the management also allow a similar exercise to benefit employees, giving them access to CCTV views of their management meetings and board meetings?

Use of CCTV in the Workplace

Recording conversations may not be the right thing to do in any normal company. The placement of CCTVs may be justified on security grounds where there is general public interface or costly items to be secured. Whenever CCTV is installed, signboards need to be put up indicating that the place is under CCTV coverage.

The value addition of CCTV is mainly for security purposes. We need to trust employees, and only then can we get the full output from them.