QualityLoads
Well-Known Member
Lol sorry i thought by now no one would take that theory seriously. But if you need to, stick that info notice for the peace of mind anyways. 
IVIS recording audio in-cab?
- Thread starter anonymousupsman
- Start date
Catatonic
Nine Lives
Yet the high wages for drivers dictates that approach.
Catatonic
Nine Lives
DIAD/IVIS are communication devices, just like a telephone, and the employer can listen and record employees at will.
Recording a non-employee is problematic in many states.
werenotthepostoffice
deep down inside I really do not care
I wish it was a camera so I could get awesome video of me hitting mailboxes with empties!
Mugarolla
Light 'em up!
Incorrect.
Most states have a "one party" law. During a conversation or phone call, it can be recorded if at least one of the parties know that it is being recorded.
It is illegal to record a conversation with two other people if neither of the conversing parties are aware that it is being recorded.
UPS cannot record a conversation between a driver and a customer if neither one of them knows it is being recorded.
The laws of recording one person deal with the expectation to have privacy. In your car, in your house, in your work vehicle.
UPS cannot record the in cab audio of a feeder driver unless he knows it is being recorded.
If you are a third party, you need a court order to record one, or two other individuals conversations.
Catatonic
Nine Lives
Sounds good except for next to last paragraph.
There is no law or precedent that one has an expectation to privacy at work, in a company vehicle or even in your home if you are using company equipment like a computer or telephone.
I know all three examples have been in court and the company won every scenario.
P
pickup
Guest
Yeah, but the thing is, as far as I know, the ivis is not a telephone. And if it is a telephone, no one told me, nor am I using it as a telephone so why should I ever suspect that my conversations are being monitored when i am not even using it to make a call?
There had to be more to those "scenarios" because you just cannot record at will without the other party being aware....unless the employer has a court order...or signs stating that audio and video are being recorded.
So why can't I leave an audio recorder in the BM's office and record all their morning meetings?
Catatonic
Nine Lives
It is an extension of a communication device.
Catatonic
Nine Lives
OK, since you will not go out and search for something that contradicts your beliefs:
Check out this privacy protection of rights site:
https://www.privacyrights.org/workplace-privacy-and-employee-monitoring#4b
It states that the employer has the right to listen and record company provided devices such as GPS, telephones, PCs, laptops, tablets and other mobile communication devices.
Check out this privacy protection of rights site:
https://www.privacyrights.org/workplace-privacy-and-employee-monitoring#4b
It states that the employer has the right to listen and record company provided devices such as GPS, telephones, PCs, laptops, tablets and other mobile communication devices.
You are aware you linked a court ruling for Canada, which doesn't have a law that protects it's citizens on being recorded.
Can you find something that allows audio recordings in the US?
If so then I'm fine with it.
Johney
Well-Known Member
You sure about that?
Maybe the "City of Ontario" is what threw me off.
Here's the deal, the court rulings in the link were obviously a case of...."Oh hey, where did this tape come from...let's listen" So the emoyer somehow worked around knowingly recording someone.
With the DIAD and IVIS, do you think someone is going to just drop of a tape? It's pretty obvious the recording would come from UPS.
Again, if someone is going to record me on the DIAD, it will be a full scale investigation....I don't know how the IVIS works but I assume it's similar.
Johney
Well-Known Member
NP I read the same thing just wasn't sure it was Canada.
Catatonic
Nine Lives
Nothing illegal about that as long as one person in the room is aware in all but 12 states.
Mugarolla
Light 'em up!
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.
Watkins v. L.M. Berry & Co., 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.
Catatonic
Nine Lives
I agree with this ... and it is consistent with what I already know to be true.
Mugarolla
Light 'em up!
OK. I agree with it also.
But employees are not using the IVIS to make a call. If they did, yes, it can be monitored.
But the employer cannot eavesdrop on a conversation of an employee. The employer cannot use the IVIS to record an employee.
I can cite you more cases, but you have not cited me one case that the courts upheld the legality of an employer recording the conversations of employees, unless the conversation was over a company phone or a personal phone used for company purposes.
You know what's funny?
It's easier to video record us than it is to audio record us in the courts eye. If UPS uses a hidden camera, they are still limited as to what this video can record regarding audio.
I think the understanding ups cannot eavesdrop....they cannot use the diad or ivis to eavesdrop.....that's my point.
Yes a communication or phone call through the diad or ivis would be a one party consent. There may be states that require you to state the fact you are recording over phone but I'm not sure on that
Yes a communication or phone call through the diad or ivis would be a one party consent. There may be states that require you to state the fact you are recording over phone but I'm not sure on that