Office "bugging"

[LSchmid]

What is the name of your state (only U.S. law)? WI

Is it legal in the state of WI for an employer to "bug" an employee's office? If not, what are the consequences?

 

[Beth3]

Here you go:


Wisconsin

If the person who records the wire, electronic, or oral communication is a party to the conversation or has obtained prior consent from one party, he may lawfully record and divulge the contents of the communication, unless he does so for the purpose of committing a criminal or tortious act. Wis. Stat. § 968.31.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Wis. Stat. § 968.27.

Wisconsin law expressly authorizes civil damages for violations and allows recovery of the greater of actual damages, $100 for each day of violation or $1,000, along with punitive damages, litigation costs, and attorney fees. Wis. Stat. § 968.31.

Recording a communication without consent is criminally punishable by up to six years in prison and/ or a $10,000 fine. Wis. Stat.§ 939.50.

 

[Banned_Princess]

Here you go:


Wisconsin

If the person who records the wire, electronic, or oral communication is a party to the conversation or has obtained prior consent from one party, he may lawfully record and divulge the contents of the communication, unless he does so for the purpose of committing a criminal or tortious act. Wis. Stat. § 968.31.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Wis. Stat. § 968.27.

Wisconsin law expressly authorizes civil damages for violations and allows recovery of the greater of actual damages, $100 for each day of violation or $1,000, along with punitive damages, litigation costs, and attorney fees. Wis. Stat. § 968.31.

Recording a communication without consent is criminally punishable by up to six years in prison and/ or a $10,000 fine. Wis. Stat.§ 939.50.

I would argue that there is no expectation of privacy in a workplace, and an employer is allowed to monitor employees use of company time anywhere except outside the office building and in the rest rooms.

 

[Beth3]

Then you would be incorrect. Video surveillance in the workplace (without audio) is legal except in areas where employees have a clear expectation of privacy, such as the restrooms, but audio recording is subject to State laws on the subject.

Whether an employee has an expectation of privacy from video surveillance in a private office they occupy alone varies by each State's case law on the subject.

 

[Banned_Princess]

I see where you are coming from but we have no idea what this poster means by "bug" So we should find that out. I doubt she is talking about video survailance.

An employer is allowed to monitor phone calls, internet use, read emails, video record for a specific and reasonable reason. Regular privacy rights are suspended and re defined when being paid for your time.

Please consider the following..

Federal law allows employees to monitor phone calls from company phone without notice and unannounced.

Employers can monitor voice mails on company voice mail without notice.

Employees can mirror their computers, monitor its history, record the usage, block usage, on and on.


Yes I agree that placing listening devices inconspicuously is crossing a line, but its still on the line.

 

[Beth3]

We'll have to agree to disagree, princess. Audio recording is not permitted unless State law allows it and in this case, only if the employee's consent has been obtained. Laws that apply to use of the employer's internet system, etc. are different. When using an employer's internet and email system, employees have no right of privacy.

By "bugged," I presume the poster means what it usually means - that audio recordings are being made. It's also entirely possible that the OP is only imagining this is taking place.

Federal law allows employees to monitor phone calls from company phone without notice and unannounced. If State law prohibits this, then it cannot be lawfully done. State law trumps federal law when the State law is more prohibitive.

 

[Banned_Princess]

lol. I cannot find anything reputable on this matter, so a friendly disagreement it is.

State law does go first on the ladder o justice, bud fed law does trump it.

Happy Tuesday

 

[Beth3]

State law does go first on the ladder o justice, bud fed law does trump it.

If State law prohibits recording conversations without consent, then the person doing the recording would be charged with a crime under State statutes. One law does not negate the other. Compliance with both is required.

 

[Andy0192]

A "bug" in my opinion would be a hot transmitter with an open mic.

Listening in doesn't necessarily mean recording. A listening "bug" just transmits on a given frequency. The receiver is where a recording might take place.

 

[TigerD]

If I may add:
Without seeing the employee handbook and all the new hire paperwork, no one here can know if the employee signed a waiver. Also, the type of work may play a role in the discussion. A bug in an attorney's office would never fly, but a bug in the cashiers cage at a casino might.

DC

 

[xylene]

There are casinos subject to the laws of Wisconsin?

 

[Beth3]

The only casinos in Wisconsin are owned and operated by Native American tribes. Which State and federal laws they are subject to would require an expert on Indian law to comment on.