I am a caregiver. Can they audio record me?

Q: I have been a caregiver for this family for two years and recently found out they have cameras in some if not all bathrooms and are recording our conversations. They have repeated things I’ve said and have commented on things I have done. Can I sue for violation of privacy? (Greenfield, PA)

A: Pennsylvania laws on wiretapping make it a crime to audio record another person without that person’s consent. Video recording with visible cameras is not a crime in Pennsylvania. It is not unusual for caretakers, from daycare to elder caretakers, to be subject to video recording. Normally, the cameras are visible and known or the caretakers have been informed of them. The two things that concern me are that you say you just found out after two years and the cameras are in the bathroom. You may have an invasion of privacy issue and therefore a consultation with a lawyer who handles such cases may be advisable. If the cameras in the bathrooms are filming private matters and you have proof that you were audio recorded without your knowledge, you may have a criminal case in which case you would call the police as a first step.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.