Submitted by jeffmuldoon on Mon, 06/01/2009 - 15:57
Is it legal for an employer to secretly install tape recorders with the purpose of recording his employees conversations against their knowledge? If it is what is the proper course of action to take to stop this from continuing and what would the penalties be?
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Editor's Response
Assuming the employees have not been notified of the recordings and the recordings are not being made for legitimate purposes (training, etc.) I think your employer should check out Massachusetts General Laws Chapter 272, Section 99(C):
". . . any person who willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment."
Section 99 says that "interception" means to "secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device . . . "