Can I legally take pictures of co-workers while they sleeping on the job?
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Can I legally take pictures of co-workers while they sleeping on the job?
I work in the medical field as a noc nurse. Lately, we’ve had a few employees sleeping at night. My boss asked me to take pictures of them for proof in order to take action. Is this legal without the permission of the employees? One of them threatened to sue me if she gets fired.
Asked on August 18, 2019 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
It is legal: you may take photographs or no-sound videorecordings of people in areas where they have no reasonable expectation of privacy, like at their desks, or in an employee lounge, or a supply room or closet. Because there is no reasonable expectation of privacy, there is no claim against someone who photographs, etc. a person in those circumstances; there is no violation of any privacy rights and no grounds to sue.
You can't photograph, etc. in bathrooms, locker rooms, changing rooms, etc., however--places where people do reasonably expect, and society supports that expectation of, privacy.
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