I spy a personal surveillance camera in the workplace

Q      Our director of nursing put a personal surveillance camera in her office that captures both pictures and sound. It streams to her phone, and both she and her husband can view the stream at any time. She didn't ask permission or even tell us about the camera until I discovered it the other day when I was in her office. Is this OK?   

A   Your question sheds light on the intersection between employee expectations, modern technology, and employment law. It's inappropriate for a manager to set up a surveillance system without coordinating with her employer and working through the pros and cons of the process. And because a third party (i.e., the employee's spouse) has access to the surveillance video, her actions could violate privacy laws in addition to your corporate policies on trade secrets and other confidential matters.

It's notable that a managerial employee has chosen to conduct surveillance on the people who enter her office without posting a sign, asking permission, or providing any notice to anyone, including her employer, that the surveillance is occurring. Because the camera she has installed captures audio as well as video, it creates even greater privacy concerns. And since the employee works in health care, confidential patient information could be compromised by her actions, leading to potential violations of the Health Insurance Portability and Accountability Act (HIPAA) as well as federal regulations relating to patient rights and dignity. In short, her decision to install the surveillance camera was a bad idea on many levels.