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IVIS recording audio in-cab?
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<blockquote data-quote="Mugarolla" data-source="post: 1888580" data-attributes="member: 8481"><p>Yes it does and the law does allow this.</p><p></p><p>The law allows UPS to record "data" from the IVIS.</p><p></p><p>The law allows UPS to record anything the driver inputs into the IVIS.</p><p></p><p>The law allows UPS to record any conversation the driver has if he is using the IVIS as his communication device.</p><p></p><p>The laws you pointed to regard recording conversations while people are using communication devices, not using the communication device to record a person.</p><p></p><p>The law does NOT allow UPS to use the IVIS to record in cab audio without a court order. This would be the same as placing a tape recorder in the vehicle. It is illegal.</p><p></p><p>And lastly, even if you think UPS can skirt the law, even if they are recording a conversation, under law, they must stop the recording once they hear that it a personal call.</p><p></p><p><a href="http://law.justia.com/cases/federal/appellate-courts/F2/704/577/107387/" target="_blank"><span style="color: #0066cc">Watkins v. L.M. Berry & Co.</span></a>, 704 friend.2d 577, 583 (11th Cir. 1983) ruling:</p><p></p><p>An important exception is made for personal calls. Under federal case law, when an employer realizes the call is personal, he or she must immediately stop monitoring the call.</p></blockquote><p></p>
[QUOTE="Mugarolla, post: 1888580, member: 8481"] Yes it does and the law does allow this. The law allows UPS to record "data" from the IVIS. The law allows UPS to record anything the driver inputs into the IVIS. The law allows UPS to record any conversation the driver has if he is using the IVIS as his communication device. The laws you pointed to regard recording conversations while people are using communication devices, not using the communication device to record a person. The law does NOT allow UPS to use the IVIS to record in cab audio without a court order. This would be the same as placing a tape recorder in the vehicle. It is illegal. And lastly, even if you think UPS can skirt the law, even if they are recording a conversation, under law, they must stop the recording once they hear that it a personal call. [URL='http://law.justia.com/cases/federal/appellate-courts/F2/704/577/107387/'][COLOR=#0066cc]Watkins v. L.M. Berry & Co.[/COLOR][/URL], 704 friend.2d 577, 583 (11th Cir. 1983) ruling: An important exception is made for personal calls. Under federal case law, when an employer realizes the call is personal, he or she must immediately stop monitoring the call. [/QUOTE]
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IVIS recording audio in-cab?
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