Lesson 1: Why privacy law matters on the job
Security officers see and record a lot: video, visitor logs, incident reports, license plates and sometimes phone calls. Several layers of law control how that information is collected and used.
| Law | What it covers |
|---|---|
| Federal Wiretap Act (18 U.S.C. 2511) | Listening to or recording calls and private conversations |
| State recording laws (e.g., California, Florida, Washington) | Stricter consent rules for recording |
| State workplace laws (e.g., New York, Connecticut) | Notice of monitoring and banned camera areas |
| Illinois Biometric Information Privacy Act (BIPA) | Face scans, fingerprints and other biometrics |
| Driver's Privacy Protection Act (DPPA) | Personal information from state motor vehicle records |
| State breach notification laws | Telling people when their personal information is exposed |
There is no single national law that covers every privacy question. Rules differ by state, and a stricter state law can limit what federal law allows. When in doubt, ask your supervisor before you record.
Lesson 2: Recording conversations
The federal Wiretap Act makes it a crime to intentionally intercept a wire, oral or electronic communication. A violation can bring a fine and up to 5 years in prison.
An oral communication is protected when the speaker expects it is not being recorded and the situation justifies that expectation. A loud argument in a busy lobby is different from a quiet talk behind a closed office door.
One-party consent under federal law
Under federal law, a private person may record a conversation if they are a party to it, or if one party has agreed in advance. This exception does not apply if the recording is made to commit a crime or a tortious (wrongful) act.
All-party consent states
Some states require that everyone in a private conversation agree. Examples:
| State | Rule |
|---|---|
| California (Penal Code 632) | All parties must consent to recording a confidential communication. A talk at a public gathering, or where people can reasonably expect to be overheard or recorded, is not confidential. |
| Florida (Statutes 934.03) | Recording is lawful when all parties have given prior consent. Breaking the main ban is a felony of the third degree. |
| Washington (RCW 9.73.030) | All participants must consent. A clear announcement to everyone that recording is happening counts, if the announcement is also recorded. |
Lesson 3: Cameras and workplace monitoring
Wiretap laws are about the content of conversations. Adding microphones to cameras can bring those laws into play, so sound should be turned on only with approval.
Video has limits too. A federal law (18 U.S.C. 1801) makes it a crime, in places under special federal jurisdiction (such as some federal property), to capture images of a person's private areas without consent where they reasonably expect privacy. Many states have their own laws on hidden cameras and voyeurism.
Connecticut is one example of a state limit. Its section 31-48b says employers may not use electronic surveillance, including sound recording and closed-circuit TV, in areas meant for employees' health or comfort or for keeping their belongings safe, such as restrooms, locker rooms and lounges.
Notice of monitoring
- New York (Civil Rights Law 52-c): employers that monitor employee phone, email or internet use must give written notice on hiring, have it acknowledged, and post it where employees can see it.
- Connecticut (section 31-48d): employers must give prior written notice of the types of electronic monitoring. Posting the notice in a visible place counts.
Good CCTV habits
- Watch only the areas you are assigned to watch.
- Never use cameras to follow a person for personal reasons.
- Do not copy, photograph or share footage unless your procedure allows it.
- Log any footage you save or export, with the date, time and reason.
Lesson 4: Biometrics and vehicle records
Biometric data identifies a person by their body. Illinois' Biometric Information Privacy Act (BIPA) lists a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Signatures, ordinary photographs and descriptions like height or eye color are not biometric identifiers under the act.
Before a private company collects biometrics, BIPA says it must:
- tell the person in writing that the data is being collected or stored
- tell them the purpose and how long it will be kept
- get a written release from the person
The company must also publish a retention policy and destroy the data when the purpose is met or within 3 years of the person's last interaction, whichever comes first. It may not sell or profit from the data. A person can sue for $1,000 per negligent violation or $5,000 per intentional or reckless one, or actual damages if higher.
License plates and the DPPA
The Driver's Privacy Protection Act limits the release of personal information from state motor vehicle records, such as an owner's name and address. It is unlawful to knowingly get or share that information for a use the act does not allow, or to lie to get it. Allowed uses include government and police work, court cases and insurance. A licensed security service may use it only for one of the allowed purposes.
Lesson 5: Handling footage, notes and personal information
The Federal Trade Commission (FTC) gives five key principles for protecting personal information. They work well for notebooks, visitor logs and video:
| Principle | What it means for you |
|---|---|
| Take stock | Know what personal information you have and where it is kept. |
| Scale down | Keep only what you need for the job. |
| Lock it | Protect what you keep, on paper and on screens. |
| Pitch it | Dispose of what you no longer need so nobody can read it, for example by shredding. |
| Plan ahead | Have a plan for responding to security incidents. |
- Give access only to people with a need to know.
- Do not use Social Security numbers as ID numbers or write them down unless it is required.
- Lock logs and notebooks away when you leave your post.
When information is lost or stolen
All states, plus DC, Puerto Rico and the Virgin Islands, have laws requiring notice when certain personal information is breached. Each state's rules differ. Report a lost notebook, phone, laptop or USB drive right away so your company can secure its systems, call police if needed and decide who must be told.
Requests for footage
Pass requests for video or reports, including requests from police, to your supervisor or the person your procedure names. Record who asked, what was given and when.
Mga sanggunian
- 18 U.S.C. 2510 and 2511 (Cornell LII)
- 18 U.S.C. 2510 definitions (Cornell LII)
- California Penal Code 632 (Justia)
- Florida Statutes 934.03 (Florida Senate)
- RCW 9.73.030 (Washington State Legislature)
- 18 U.S.C. 1801 Video voyeurism (Cornell LII)
- Connecticut General Statutes 31-48b (Justia)
- Connecticut General Statutes 31-48d (Justia)
- New York Civil Rights Law 52-c (NY Senate)
- Illinois Biometric Information Privacy Act, 740 ILCS 14 (Justia)
- 18 U.S.C. 2721 and 2722 Driver's Privacy Protection Act (Cornell LII)
- FTC: Protecting Personal Information: A Guide for Business
- FTC: Data Breach Response: A Guide for Business