What Counts as a “Public Area” in a Store?
A public area in a store is any space where shoppers and workers can be seen by others. This includes places like the entrance, the checkout counter, store aisles, and parking lots. These are spots where people do not expect to be hidden from view.
Private areas are different. Dressing rooms, bathrooms, locker rooms, and break rooms are all private. People in these spaces expect to be alone and unseen. Stores can usually place cameras in public areas. But putting cameras in private areas can break the law.
Do Stores Install Cameras in Dressing Rooms?
As previously noted, many retail stores use cameras to monitor fitting rooms as a theft prevention measure. More and more stores are using cameras because of the improved technology and the availability of smaller and less expensive cameras.
In addition, two-way mirrors may be used in some stores for this purpose. It is important to note, however, that there is a difference between having a camera monitoring the outside of fitting rooms and having cameras in fitting rooms.
Why Is Video Surveillance Used by More than Half of Employers?
According to a survey conducted by the American Management Association, video surveillance is used by more than half of employers who responded to prevent violence, theft, and sabotage at work. The survey determined that about 16% of employers use video surveillance to monitor employee performance.
Whether or not filming employees at work is legal will depend on the state laws and the types of images that are captured.
What are Workplace Privacy Laws?
State legislators are very aware that most individuals hold privacy in high regard. Nearly every state has passed privacy laws.
These privacy laws are designed to protect consumers in numerous ways, such as, limiting how a company can use personal information or requiring a business to maintain the privacy of medical information or Social Security numbers.
Additionally, certain states have enacted laws governing workplace privacy, including laws that govern the use of video equipment and cameras.
What about Employee Activities and Privacy?
Even if a state does not have laws that specifically protect workplace privacy, employees cannot be sued while doing certain things at work, such as changing clothes or using the restroom. In a state where surveillance is not specifically prohibited or permitted, a court will determine whether an employee’s privacy has been violated by examining two competing interests.
These may include:
- The employer’s need to conduct surveillance; and
- The employee’s reasonable expectation of privacy.
An employee who goes to the restroom or gets undressed has a strong expectation of privacy. There are also other activities that may be off-limits for employer surveillance, such as union meetings.
There have been some courts that have ruled against an employee who challenged an employer’s surveillance or other activities while they were on leave for a medical condition or workers’ compensation injury. These types of cases often involved clear abuses of leave laws by the employee.
A court may rule differently if the employer’s surveillance strayed into a private activity and prevented an employee with a legitimate need for leave from exercising it. If an individual has questions regarding the legality of the surveillance policy at their place of employment or business, it may be helpful to consult with an attorney.
What About Monitoring Employees to Ensure Productivity?
The majority of companies use video surveillance with good intentions. When a store, especially a retailer, has a video camera near the entrance, management can easily observe who enters and leaves the store.
It may also be helpful to use cameras throughout the building. This is because individuals are less likely to steal merchandise if they know they are being watched.
This can also apply to employees. If areas are under surveillance, such as the cash register or back storage areas, there will be no way for an employee to steal merchandise from the store.
So long as the locations of the cameras are public and obvious to passersby, filming should not interfere with an individual’s privacy.
Is It Legal to Monitor a Dressing Room?
Whether or not security cameras in dressing rooms are legal will depend on what state a store is located in and whether the camera is recording or is a live feed. In certain states, it is legal to monitor the dressing rooms of a retail store using a camera or a two-way mirror.
In addition, for all intents and purposes, a live, non-recording camera is a modern equivalent to a two-way mirror. In other states, using cameras in dressing rooms is banned due to privacy concerns.
There are many states that have taken a middle ground approach. In these states, surveillance is allowed, even recording surveillance, but the store is required to post obvious and conspicuous notices to inform consumers that they are being monitored.
In all states, video monitoring in a sensitive area, such as a dressing room, for any purpose other than theft prevention is illegal. This type of conduct may fall under the laws that prohibit voyeurism.
Voyeurism is the act of observing an unsuspecting individual, typically a stranger, who may be naked or disrobing, for the purpose of seeking sexual excitement.
What States Allow Cameras in Dressing Rooms?
Individual states determine the regulations that govern workplace surveillance. In California, for example, there are laws that limit how an employer monitors employees.
The California Legislature has banned employers, except for the federal government, from recording changing rooms, locker rooms, or restrooms unless the recordings were required by court order. An individual can contact their state labor department for more information regarding their state’s workplace privacy laws.
It is a crime in California to install a surveillance mirror, or a mirror that can be seen through from only one side and looks like a mirror from the other, in a:
- Restroom;
- Shower;
- Fitting room; or
- Locker room.
Employers in the State of Connecticut are prohibited from operating surveillance equipment in areas designed for employee rest or comfort, including:
- Restrooms;
- Locker rooms; or
- Employee lounges.
Fitting room laws and regulations often overlap with privacy issues, employment issues, and criminal law. There are 13 states that prohibit dressing room surveillance without the express permission of the shopper, including:
- Alabama;
- Arkansas;
- California;
- Delaware;
- Georgia;
- Hawaii;
- Kansas;
- Maine;
- Michigan;
- Minnesota;
- New Hampshire;
- South Dakota; and
- Utah.
What If I Feel My Privacy Rights Have Been Violated?
As noted above, video surveillance of dressing rooms must be used only for the prevention of theft. The Video Voyeurism Prevention Act provides protections at the federal level, including protecting shoppers from:
- Voyeurism;
- Invasion of privacy; or
- Sexual exploitation.
Violators of this act may face imprisonment of not more than one year, criminal fines, or both.
What Should You Do If You Think a Store Is Watching You Illegally?
If you believe a store has a hidden camera in a dressing room or bathroom, there are steps you can take right away. Acting quickly can help protect your rights and build a stronger case later.
First, write down what happened as soon as you can. Note the date, time, and exact location where you saw or suspected the camera. Include details about what the device looked like and where it was placed.
If it is safe to do so, take a photo or video of the camera or recording device with your phone. Do not touch or move the device. Leave it in place so that police or investigators can examine it later.
Next, report what you found to store management. Ask for a written response or record the name and title of the person you spoke with. If the store does not take your concern seriously, you can file a report with your local police department.
Keep all of your notes, photos, and any communication with the store in one place. This information will be helpful if you decide to talk to a lawyer or file a lawsuit.
How Long Do You Have to File a Lawsuit for Illegal Surveillance?
Every state has a deadline for filing a lawsuit. This deadline is called a statute of limitations. If you miss it, you may lose your right to take legal action, even if the store broke the law.
For privacy claims, these deadlines usually range from one to three years. However, the exact time limit depends on your state and the type of claim you file. Some states start the clock on the date the violation happened. Others start it on the date you first learned about the hidden camera.
Because these deadlines vary, it is a good idea to talk to a lawyer as soon as you suspect a problem. A lawyer can tell you how much time you have and help you file your claim before it is too late.
How Much Does It Cost to Hire a Lawyer for a Privacy Case?
The cost of hiring a lawyer depends on several things, including where you live and how involved your case is. Many personal injury lawyers offer a free first meeting to review your situation. This means you can get legal advice without paying anything upfront.
Some lawyers handle privacy cases on a contingency fee basis. This means they only get paid if you win your case or receive a settlement. Their fee is usually a percentage of the money you recover.
If your case goes to court, you may also need to pay court filing fees. These fees vary by state but can range from around $50 to several hundred dollars. There may also be costs for things like gathering records or hiring an expert witness.
Using a service like LegalMatch can help you find a lawyer who fits your budget. You can compare attorneys and ask about their fees before making a decision.
What Evidence Can Help Prove Illegal Surveillance?
If you plan to file a lawsuit or a police report, having strong evidence can make a big difference. The more proof you can gather, the better your chances of a successful outcome.
Photos or videos of the hidden camera or recording device are some of the most helpful pieces of evidence. Written notes about when and where you found the device are also important.
Statements from other people who saw the camera or had a similar experience in the same store can support your claim. If the store has a written surveillance policy, a copy of that policy may also be useful.
If the experience caused you emotional harm, records from a doctor or therapist can help show the impact. Keep copies of any emails, letters, or messages between you and the store about the incident.
What Are the Risks of Handling a Privacy Case on Your Own?
You have the right to represent yourself in a privacy case, but doing so comes with real risks. Privacy and surveillance laws are different in every state. What is legal in one state may be a crime in another. Without a lawyer, you could miss important protections that apply to your situation.
Stores and businesses often have their own legal teams. If you go up against them alone, you may be at a disadvantage during settlement talks or in court. You may also have trouble figuring out the right amount of money to ask for in damages.
There are also strict deadlines for filing claims. If you miss a deadline or file the wrong type of claim, your case could be thrown out. A lawyer can handle these details and help make sure nothing falls through the cracks.
Should I Contact a Lawyer?
If you believe that you have been videotaped for a purpose other than theft deterrence, you should consult with a personal injury lawyer immediately. Even if you were videotaped for apparent theft deterrent purposes, it may be helpful to consult with a lawyer to ensure your rights were not actually violated.
In certain states, the laws governing video surveillances may be unclear, out of date, or may not explicitly permit taping. In these situations, any type of video monitoring may be illegal.
Your attorney can advise you of the laws in your state and if the store videotaped you in violation of state laws. If this occurred, they may be subject to criminal charges.
In addition, you may be able to file a civil lawsuit and request damages for an invasion of privacy.
