Is it an invasion of personal privacy if I am mystery shopped on camera at work?

Question

I sell cars and we are often mystery shopped on film and then given a debrief several days later, can my employers let a third party - the shopper- film me without my knowledge or consent

Answer 1

Absolutely! I work in the admin. department of a mystery shopping company. When employers approach us for a service contract, it clearly states they must notify their employees that a mystery shopper program is being used. If an employer decides to use video recordings for their shops, this must also be relayed to the employees. As an employee, you have the right to request what purposes the video will be used for and you may request that the video only be used for internal purposes only (to meet their mystery shopping needs) An employer is not allowed to make publically available a video of you without your consent under most mystery shopping companies agreements. Furthermore, companies are allowed to use videos for their originally intended purposes only. For example, a company using video to capture customer service delivery happens to spot their employee stealing from the cash register. It is unlikely the video tape would be admissable in court because the company, in all likelihood, has signed an agreement with the mystery shopping company to use the video only for "customer service delivery" purposes. This is one way mystery shopping companies help protect employees. Mind you, if a company hires shoppers to look for integrity issues such as theft, then the video is admissable. Hope this helps!

Answer 2

What are the terms of your employment? Do you have a contract? Do you have a employee manual or handbook that defines your rights? What are the occupational health and safety laws in your state (most states require that they be posted somewhere at the job site)? Are you on company property when this happens? Are you on company time (being paid) when this happens? Are you covered by a union and if so, what do they have to say? What are the privacy laws in your state? Have the tapes been sold to outside parties, archived, or destroyed? Are the third parties doing anything else potentially illegal in the process (besides depriving you presumptivley of a privacy right which is no small matter in and of itself IF TRUE)? Is the data transmitted anywhere or viewed directly by the employer (i.e. over the internet, by email, etc...)? Are you harmed by the actions of the "secret shopper" in a substantial manner (i.e. loss of title or pay or hours)? Too many questions for a pat answer.
Note on the first answer about the "release", if this is used internally solely for review purposes and not as part of a tv commercial, they may not need a consent form any more than a person walking through a public square while filming his child needs consent forms from everyone in the background.

Answer 3

This is perfectly legal. Your employeer knows that you are being filmed, or at least someone "above" you knows. When you are mystery shopped, the employeer actually has put in a request that it be done. As far as this being an invasion of your privacy, as long as you are being paid to do a job, and since the place where you work is owned by someone else, there is nothing that you can do about being filmed by them other than quitting your job. Sorry.

Answer 4

There is little expectation of privacy at work. The company is paying you and has the right to know what you are doing for their money. They can film you, read your email, see what websites you are surfing. obviously they can't tape you changing clothes, or going to the restroom, but most everything lese is fair game. no consent for needed.

Answer 5

Unfortunately this is not an invasion of your personal life as you are being paid to do the job that is being filmed ... look on it as a stimulant to make you be on your best seeling behaviour ..... tough I know but you will certainly perform better. And if you are really doing your best, then you have nothing to fear. Remember, the best salesmen are really actors in every sense so just become one!

Answer 6

C. It's an invasion of privacy but justified to improve public safety.

Answer 7

Anyone working in retail is constantly under CCTV surveillance. It will be in your contract to consent to that as part of your job. Read the small print dude.

Answer 8

when they show you the video or whatever, ask them for the consent form. I did and they just looked at me gone out!

i said " when did i sign you my permission to film me?"

Answer 9

In short NO!
If they suspect you of theft, then they must use it as evidence to the police.
If cameras are used for security purposes, then signs must be visible around your work area!!!

Answer 10

Yes!