Surveillance of employees is legal, with certain limits

Question: What is the law regarding video/audio surveillance in the workplace in Hawaii? My employer uses video cameras to watch us (which I’m not thrilled about), but I suspect that they are also listening to our conversations, even recording them. Is this legal?

Answer: In general and for the most part, yes.

The state Department of Labor and Industrial Relations and the Hawaii Civil Rights Commission do not have any direct jurisdiction over issues involving video/audio surveillance of employees, but say there are no state laws specifically prohibiting such monitoring.

"I think it is safe to say that employer workplace surveillance is not generally prohibited by federal law or Hawaii state law," said William Hoshijo, executive director of the Hawaii Civil Rights Commission.

However, he noted there are federal and state privacy protections regarding wiretapping, while some other states might regulate workplace surveillance.

As a source, he cited the Society of Human Resource Management (see is.gd/ 5QadrX), which says there are no federal laws regulating private employers "on broad workplace privacy issues," although federal laws regulate specific aspects of privacy in the employer-employee relationship.

For example, it pointed to the Federal Wiretapping Act/Electronic Communications Privacy Act, which prohibits the intentional interception or disclosure of any wire, oral or electronic communication "where there is a reasonable expectation of privacy," with certain exceptions, including if one party has consented to the electronic monitoring.

"Currently, federal law does not prevent video monitoring even when the employee does not know or consent to being monitored," according to the Privacy Rights Clearinghouse, a California-based nonprofit advocate for consumers’ privacy rights (see www.pri­vacyrights.org/fs/fs7-work. htm#1).

But it also says courts have upheld employee privacy in cases where video monitoring was considered "physically invasive," such as hidden cameras in a locker room or bathroom.

Regarding audio recordings, depending on what is being monitored, wiretapping and eavesdropping laws might apply.

"Federal law does not prohibit audio recording of phone conversations as long as one party on the call consents to recording," the Privacy Rights Clearinghouse says. "Most states have extended this law to include recording in-person conversations."

Twelve states (not including Hawaii) have laws that require all parties in a conversation to consent to audio recording. In Hawaii, Section 803-42 of the Hawaii Revised Statutes covers wiretapping.

Meanwhile, collective bargaining contracts may restrict employee surveillance. "Labor unions may negotiate limitations on video recordings of unionized workers," according to the Privacy Clearinghouse.

Q: It seems HECO has completed the work that necessitated erecting huge poles along Pali Highway. When might the six poles be coming down? They are unsightly, to say the least.

A: Maintenance work on overhead transmission lines that pass over Pali Highway is ongoing but should be finished by the end of the year, said Hawaiian Electric Co. spokes­man Peter Rosegg.

Until then the "pole structures," which were erected last summer, will remain up as a safety precaution.

See a previous "Kokua Line" item on this at is.gd/Xtq05j.

Mahalo

To Daniel. I was lost when he came out of his house to see if I needed help. I explained that I was to meet my friend but couldn’t find the address. Daniel went into his house and called my friend, getting all the necessary information, and told me she would be waiting out on the road for me. My heart is so thankful for the kindness Daniel extended to this senior. May he be blessed seven times more. — Helene

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