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Consent of Employee to be Monitored and Recorded for Security Purposes Pursuant to Closed-Circuit Video Surveillance Whereas, ________, Inc., hereinafter referred to as Employer, owns and operates a ________________ (e.g., business, factory, plant) located at ____________________________ (street address, city, county, state, zip code), hereinafter called Premises; and Whereas, ____________ (Name of Employee) hereinafter referred to as Employee, either desires to be employed by or is employed by Employer on Premises; and Whereas, Employee recognizes the need for closed-circuit video surveillance on and about Premises for security and productivity purposes; and Whereas, Employee recognizes and agrees that it is a condition of employment and/or continuing employment with Employer that Employee freely execute and agree to this closed-circuit video surveillance, included being personally recorded pursuant to said closed-circuit video surveillance; Now, therefore, for and in consideration of employment with Employer, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Employee agrees as follows: 1. Employee consents to being the subject of the said closed-circuit video surveillance program of Employer and to being recorded and taped as a result of said closed-circuit video surveillance on or about Premises. 2. Employee agrees that Employer may use any taping of said Employee’s image, voice or appearance at any time pursuant to said closed-circuit video surveillance at Employer’s discretion in the ordinary course of Employer’s operations. 3. Employee agrees to indemnify and save harmless Employer, its agents, successors and assigns, from any and all claims and liability for damages, losses or expenses of any sort arising from the making of such recordings of Employee and their lawful and appropriate use. Employee further acknowledges that Employer exclusively owns all rights to these recordings regardless of the form in which they are produced or used. Witness my s
v. 1 1/3 1/2 %1, 3 : : : : : 1: : . : 6 :: .. .. .. .. . : 7 :: : : 1 .: .: .: : 5:: : : : 1: ;.: : : : : : : : 6 : : ; .: .: .: .: 3: : : ; ;.: .: .: .: .: : 4: : : : : : : 12/24/08 draft. 1 1/10/14 draft. 1 1/10/14 draft. 1 1/10/14 draft. 1 1/10/14 draft. 1 (i-o 1/10/14 (iii-o) c) (ii) (i-o) 4. Employer, without prejudice to its rights pursuant to any other provision in this agreement, shall have the right to photograph and/or videotape employee whenever such employee is performing at the workplace of employer. 5. Employee consents and undertakes that: (a) such filming shall be done in the employee’s presence and that such recording shall be used to inform employee of the nature and duration of the open-circuit surveillance and recording of employment activities by employer that is carried out for the purpose set forth in section iii of this agreement, including recording the employee; (b) such recording and/or use of such recording shall be solely for the use of the employer; (c) any record made in violation of such privacy rights and/or recording made to the contrary may be filed for forfeiture to the employer; (d) all such recordings shall be kept in the company locker room and kept in the employee’s presence during all employees’ working periods and upon the completion of said filming; (e) employer shall not disclose the identity of the employee being recorded; that such recordings including their recording, may be viewed by the employee’s supervisor, manager, employeesupervisoror‡‡ and any associate or contractor of that employee’s employing entity without the employee’s express authorization; and (f) any employee’ supervisormanager‡‡ and any associate or contractor of such employee’ supervisormanager.er
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Need help? Contact SupportAn employer cannot then use the information collected for any other reason. For example, if the organisation is using CCTV to monitor crime, it cannot then use it to monitor staff. . Levels of CCTV surveillance in work must be proportionate to the reasonable expectation of privacy.
Although Australia does not currently have uniform laws governing the surveillance of employees, in the Australian Capital Territory and New South Wales, there are specific regulations which dictate what an employer must do before conducting surveillance on their employees. Failure to comply can see penalties imposed.
Tread carefully when engaging in employee surveillance. Workplace monitoring can be an invasion of privacy. They are generally legal as long as the company has a legitimate need to film, the areas under surveillance are public, and employees know about the filming. .
But there are some instances where it is not allowed. Employers may not use surveillance to monitor union activity; some state laws limit how and where employees may be monitored; while federal wiretap law makes it illegal to record oral communication, which is why surveillance cameras usually lack audio.
Your employer must have a valid reason to use CCTV to monitor your workplace. They must also consider if using CCTV is reasonable. . However, using CCTV to constantly monitor employees would be intrusive and would only be justified in special circumstances.
Employers can legally monitor almost anything an employee does at work as long as the reason for monitoring is important enough to the business. . Employers may install video cameras, read postal mail and e-mail, monitor phone and computer usage, use GPS tracking, and more.
Putting up video surveillance without notice to employees or using hidden cameras at work may also violate employee privacy rights. . As a result, employers are generally well-advised (if not required) to provide notice to their employees of the existence of cameras in the workplace.
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