What Are Workplace Privacy Rights With Regard to Camera Surveillance?
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Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. It encompasses workplace monitoring, Internet privacy, data collection, and other means of disseminating private information. A non-public individual has a right to privacy from: a) intrusion on one's solitude or into one's private affairs; b) public disclosure of embarrassing private information; c) publicity which puts him/her in a false light to the public; d) appropriation of one's name or picture for personal or commercial advantage. Invasion of privacy may also include criminal charges, such as violation of wiretapping or criminal trespass statutes.
The federal and state statutes that govern eavesdropping require interception of a conversation. The "interception" of a "private communication" is not merely listening to a private communication but includes the means used to "acquire" the "private communication". “Intercept” means to acquire the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. If the person is intercepting a private conversation, the federal law provides an exemption if done under the with the terms of a court order, statutory authorization, or certification under federal wiretapping law.
It is generally a violation of Mississippi law to intercept and acquire the contents of wire, oral or other communications with a mechanical or electronic device. The law against interception of communications applies neither to a “subscriber” to a telephone who “intercepts a communication on a telephone to which he subscribes,” nor to members of the subscriber’s household. Miss. Code Ann. § 41-29-535.
Violations can be punished as misdemeanors carrying the potential for imprisonment for up to one year and fines of up to $10,000. Miss. Code Ann. § 41-29-533. It is a felony, however, for anyone who is not a law-enforcement officer to disclose the contents of intercepted communications for any reason other than testifying under oath in a governmental or court proceeding, and the penalty for such disclosure can be up to five years imprisonment and up to $10,000 in fines. Miss. Code Ann. §§ 41-29-511, 529. Civil liability for an unlawful interception is expressly authorized for actual damages, $100 a day for each day of violation or $1,000 whichever is greater along with punitive damages. Miss. Code Ann. § 41-29-529.
In addition, the law specifically provides that if a person is a party to a communication, or has obtained consent from any one of the parties, no liability can be imposed unless the interception was accompanied by a criminal or tortious intent. Miss. Code Ann. § 41-29-531.
Moreover, the contents of cellular telephone communications are unlawfully obtained when access is gained by a person who is not the intended recipient, or is not authorized to have access to the transmission. The possible penalties for unlawfully obtaining access to cellular communications are imprisonment for up to six months or a fine of up to $1,000. Miss. Code Ann. § 97-25-49.
