Kreygo LLC

Installing cameras and access control systems doesn't just involve hardware decisions—it also requires compliance with state and federal privacy laws. Wisconsin businesses must balance security needs with employees' and customers' rights. This article provides an overview of key regulations affecting surveillance and suggests best practices for staying compliant. Note that this information is for general guidance and does not constitute legal advice; consult counsel for specific situations.

Audio Recording: One-Party Consent

Wisconsin is a one-party consent state. An individual who is a participant in an in-person, telephone or electronic conversation, or who has the consent of one of the parties, may lawfully record it. The law requires consent to record any "oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception". Consequently, it is generally illegal to secretly record conversations in private settings if you are not a party or do not have consent. This applies to audio captured by security systems; if you intend to record sound, you must obtain consent from at least one person involved and be transparent with employees.

Video Surveillance: Reasonable Expectation of Privacy

There is no explicit Wisconsin statute prohibiting video recording in workplaces. Courts rely on the concept of "reasonable expectation of privacy." Cameras cannot be installed in bathrooms, locker rooms or other places where people undress. Employers should avoid placing cameras in restrooms, changing areas or other spaces where employees have a high expectation of privacy. A strong argument can be made that employees do not have a privacy expectation in common areas like reception rooms or break rooms, but employers must have a legitimate business reason for monitoring those spaces.

Notice and Signage

Wisconsin law does not require employers to post notices about video surveillance. However, legal practitioners recommend informing employees of camera use. Awareness can deter misconduct and provides a defense against privacy claims. Policies should clarify where cameras are installed, the purpose of monitoring and how recordings are used. Visible signage in customer-facing areas can also build trust and discourage wrongdoing.

Audio-Visual Recording Guidelines

Because audio surveillance laws are stricter, combine video with sound only when necessary and after obtaining consent. For employees, consent can be obtained through signed policies or employee handbooks. Businesses should post signs alerting customers if audio is being recorded. In general, restrict cameras to public or shared spaces and avoid hidden cameras, which are illegal in many states.

Hidden Cameras and Private Places

Wisconsin criminal law makes it a misdemeanor to install or use a surveillance device in a private place to observe a nude or partially nude person. Installing hidden cameras in areas where people undress or expect privacy can lead to civil suits and criminal penalties. Employers should never install cameras in restrooms, changing rooms or other intimate spaces. If hidden cameras are ever considered for investigating theft or misconduct, legal counsel should be consulted, and recordings should be limited in scope.

Unionized Workplaces

Special rules apply to unionized workplaces. The National Labor Relations Act prohibits using cameras to monitor union activities, including meetings and discussions. Because video surveillance is a mandatory subject of collective bargaining, unionized employers must negotiate camera use with the union before installation. Failure to do so may constitute an unfair labor practice.

Best Practices for Compliance

• Conduct a Privacy Audit - Identify areas where people have a reasonable expectation of privacy and ensure no cameras are installed there.
• Document Policies - Create written surveillance policies detailing where cameras are located, what they monitor, and how long recordings are kept. Have employees acknowledge these policies.
• Use Visible Cameras and Signs - Place cameras in visible locations and post signage for customers and visitors. Hidden cameras should be avoided unless legally justified.
• Obtain Consent for Audio - If audio is recorded, obtain written consent from employees and clearly indicate that audio is being captured.
• Work with a Local Expert - Engage a security provider familiar with Wisconsin's legal landscape. Kreygo's local expertise and proactive support can help ensure your system meets legal requirements.

Conclusion

Understanding state privacy laws is essential before installing surveillance equipment. Wisconsin businesses enjoy broad rights to use security cameras in common areas, but they must avoid recording in private spaces and must obtain consent for audio recordings. Transparent policies, clear signage and collaboration with knowledgeable security professionals ensure compliance and protect both your business and the privacy rights of employees and customers. As always, consult legal counsel for specific cases and remember that Kreygo's local experience offers a reliable partnership for implementing compliant, effective security solutions.