Hidden camera in office/workplace, legal interpretation sought

[jmc]

In regards to PIPA and other legislations, I believe there is typically no obligation for an employer to inform the employee, a hidden camera might be in their office/lab; used for productivity monitoring. BUT the employee can ask to view his personal information and indirectly discover the existence of the hidden camera, as the footage forms part of the review. So in reality, there might be hidden cameras, but they are not so 'hidden'
Love to hear any legal specialists' comment, on the above statements. Thanks.

The above analysis is based from the following ‘PIPA: Private sector privacy, Information Sheet 3: Personal Information’

Personal information need not be recorded

Personal information may be recorded or not. Information about an identifiable individual that is given orally, over the telephone or in person, is personal information under the Act. If a record is made of the oral information, such as by taping or making notes of the conversation, the information becomes recorded personal information.
Recorded information about an identifiable individual is personal information regardless of the medium or form in which it is stored. This includes but is not limited to information in written, printed, photographic or electronic form. For example, a photograph or videotape from a security camera that has captured an individual’s image is recorded personal information of that individual. Names and addresses of customers stored in an electronic database in a department store’s computer system is recorded personal information.
It is important to note that while personal information can be recorded or not, the Act only gives an individual the right to request access to and correction of personal information that has been recorded.

[Altezza]

An employer must specify how and for what purpose personal information is collected. If an employer states that a camera is used ONLY for monitoring security, it cannot be used to monitor employee performance (at least not officially).

[01RedDX]

.

[TrevorK]

I can verify that the employer is not obligated to disclose there are hidden cameras, and the locations of them. I had several union rep's tell me of this (When an employee I worked for had hidden cameras).

[Altezza]

It all comes down to what is deemed as reasonable. If a company has documented productivity benchmarks for its employees and uses them effectively to evaluate staff, using video surveillance to achieve the same won't be considered reasonable in most circumstances.

The employer, under the act, must inform the employee of what information about them may potentially be collected, and how it's used and/or disclosed. This is true for video, audio, emails, etc.. The employer does not require the consent of the employee, but the employee must be notified before the collection/use/disclosure occurs. Typically, this is done in policies and procedures manuals, employment agreements, contracts, etc..

edit: So in summary...In most circumstances, no, the employer is not obligated to inform the employee where the cameras are hidden, but they must disclose to the employee that they may be monitored with video equipment and to what purpose they are using the surveillance for.