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Question: In June of 1995, a hidden camera and VCR were installed at Salem State College in their off-campus Small Business Development Center. The camera was installed to investigate possible illegal entries into the center after regular business hours. The camera recorded 24 hours a day and was angled to view the entire length of the office, including private areas such as cubicles. During the summer of 1995, Gail Nelson, a secretary at the center, often brought a change of clothes to work and changed in a cubicle, either early in the morning before anyone else was in the office or after work when the office was empty. These activities were recorded on the hidden camera. When Nelson later learned about the covert surveillance from a co-worker, she filed suit against the college and officials, arguing that they had violated her Fourth Amendment right to privacy. Was this an invasion of privacy? [ Gail Nelson v. Salem State College & others, SJC-09519 (MA., Dec. 8, 2005-Apr. 13, 2006).] What if the video surveillance had taken place in a back room such as an employee locker area? [ Thompson v. Johnson County Community College, 930 F. Supp. 501 (D. Kan. 1996), aff'd, 108 F.3d 1388 (10th Cir. 1997).]
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