Recording Devices in the Workplace

By Christina Santillo, SHRM-CP, Senior Human Resources Consultant

The rapid growth of new technologies brings with it both opportunities and challenges for employers. Tools powered by AI now make it easier than ever to record meetings, take automated notes, translate in real time, and streamline day-to-day operations.

However, these same advancements also create new risks, especially when employees begin using personal recording devices, such as body cameras, smart glasses, or wearable technology, in the workplace.

Personal Recording Devices

When employees record without authorization, it can expose the company to privacy, security, and compliance issues. This is especially true in workplaces covered by HIPAA or other privacy regulations. For example, in healthcare settings, a single unauthorized recording could capture protected health information (PHI) and lead to a HIPAA violation, even if the employee's intent was harmless.

It is a best practice for employers to have a clear policy that details the organization's expectations regarding recording devices in the workplace. Employers should also ensure that all employees are informed of the policy during orientation and ongoing training. Discussing the policy as part of onboarding helps set clear expectations.

Employee Rights Under Federal Law

While employers can restrict recording in most circumstances, it's important to remember that employees also have legal rights to record in certain situations.

Under the National Labor Relations Act (NLRA), employees are protected when they record for purposes such as:

• Documenting unsafe working conditions
• Gathering evidence related to workplace discrimination or harassment
• Supporting concerted activity or union organizing

Disciplining employees for protected activity could result in an unfair labor practice charge.

Note: Recording laws vary significantly by state. Always check state and local regulations.

Technology continues to evolve faster than most workplace policies. By proactively addressing how recording devices can and cannot be used, employers can reduce risk, protect privacy, and maintain compliance.

If you are an employer with questions about recording devices, contact our Risk Management Division by phone at 855-873-0374 or by email at *protected email*. We will be happy to help!

Disclaimer: The information provided on this web site is for informational purposes only and not for the purpose of providing legal advice. Use of and access to this web site does not create an attorney-client relationship between Keystone Risk Management or our employment attorney and the user or browser.