Estimated reading time: 18 minutes

Key Takeaways

• Act immediately to access workplace surveillance footage—video systems often auto-delete within days, and employers control retention and backups.

• Send a precise written request to HR/security that identifies date, time, location, camera ID, people involved, the reason you need the footage, and a preservation demand.

• Request originals (or native exports) plus system logs, metadata, and for dashcams, telemetry (GPS, speed). Ask for a checksum/hash to confirm integrity.

• If the employer refuses or stalls, escalate in writing, ask for the retention policy, and consider agency filings or a subpoena to compel production.

• Deleting relevant footage after notice can be spoliation, leading to court sanctions or adverse inferences against the employer.

• Dashcam video is often overwritten quickly; contact the fleet or telematics vendor right away and request cloud backups.

Table of Contents

• Introduction

• What Counts as Workplace Surveillance Footage

• Who Typically Controls and Stores Footage — Who to Contact First

• How to Compose an Effective Written Request

• Best Practices for Evidence Detail and Technical Preservation

• What to Do If Employer Refuses or Stalls

• How Subpoenas Work and Sample Subpoena Language

• Employer Deletes CCTV Evidence — Spoliation and Legal Consequences

• Preserving Video Evidence via HR and Legal Channels

• Specific Guidance for Obtaining Dashcam Footage

• Agency Complaints and Regulatory Remedies

• Practical Timeline and Checklist to Access Workplace Surveillance Footage

• When to Hire an Attorney and What to Expect

• Additional Resources and References

• Summary — Key Takeaways and Final Recommendations

• Conclusion

• FAQ

• Can my employer legally record me at work?

• How long do companies keep CCTV or dashcam video?

• What if the footage shows other employees?

• Can I record my own proof if I can’t get the video?

• Do I need a lawyer to get a subpoena for video?

Introduction

If you need to access workplace surveillance footage, move fast and be specific. This article explains how to request security camera video from your employer, preserve it before it is overwritten, and obtain dashcam footage in the workplace when vehicles are involved. “Access workplace surveillance footage” means the process by which an employee, claimant, or their counsel obtains recorded video—CCTV, fixed security cameras, and in-vehicle dashcams—under the employer’s or its vendors’ control.

Employees request footage to document harassment or discrimination, contest wrongful discipline, reconstruct safety incidents, or rebut an employer’s version of events. Video often becomes the most objective evidence available in cases involving hostile work environments and bias; for related steps and remedies, see this detailed guide to workplace harassment legal representation.

Time matters. Many systems overwrite video within days. Employers typically control the systems, storage, and retention policies, and they may host or contract with outside security vendors to manage footage and backups. That’s why you should send a written request and preservation demand immediately. Employers commonly set camera placement, notifications, and retention practices, as discussed in this overview of workplace cameras and employer control, and in this summary of workplace surveillance legality and notice obligations. For a broader view of employee privacy rights and limits on employer monitoring, see Workplace Fairness’s explanation of surveillance boundaries.

What Counts as Workplace Surveillance Footage

“Workplace surveillance footage” includes fixed CCTV and other security cameras, in-vehicle dashcams, and third-party feeds maintained by vendors or building management. Knowing which type you need—and how it is stored—helps you ask for the right files, metadata, and logs.

CCTV and fixed security cameras. These are mounted in common areas such as lobbies, hallways, break rooms, production floors, docks, and parking lots. They may be fixed or pan–tilt–zoom (PTZ). Typical exports include MP4 or AVI files, as well as proprietary formats from specific vendors. Common attributes include timestamp/timecode overlays, frame rates (e.g., 15–30 fps), resolution (e.g., 1080p), a camera ID or name (e.g., “Break room camera #2”), and whether recordings are continuous or motion-triggered. Ask for the original or native export, the camera ID and location (“Loading dock west gate”), and whether the system uses continuous capture or motion events for the time range you need.

Dashcams in company vehicles. Front- and rear-facing dashcams often sync to a telematics platform. Besides video (typically MP4 or vendor-native), they record GPS coordinates, speed, G-force or braking events, and timestamps. Request the device ID (e.g., “Truck dashcam ID 12”), the vehicle assignment log (who was driving), and all telemetry for the window you specify. Because dashcams frequently overwrite quickly, ask whether the telematics vendor maintains cloud backups and for how long.

Third-party or building-managed feeds. Some employers outsource cameras to a security vendor, cloud platform, or rely on cameras controlled by a landlord or building management. That means the employer may not directly hold the files, but they still control access to the vendor relationship, account, and credentials. As a starting point, confirm whether the system is in-house or contracted—employers typically control retention and may rely on external firms for storage and management of footage and backups, as described in this overview of employer control and retention practices.

Practical tip: use precise names when you request video. Examples include “Break room camera #3 near vending machines,” “Warehouse South PTZ-07,” “North lot pole camera,” or “Truck 22 dashcam ID 12 front/rear.” The more exact your reference, the faster your custodian can retrieve the right segments.

Who Typically Controls and Stores Footage — Who to Contact First

Most companies structure control and storage in predictable ways. Start here and move down the list until you reach the right custodian.

• HR. Send all complaints and preservation requests to HR to put the employer on notice and to create a record. In many organizations, HR coordinates legal holds.

• Facility/security manager or operations. These teams typically administer the camera system and pull exports.

• Fleet or safety manager (for dashcams). They can retrieve telematics and vehicle camera data.

• Third-party security vendor or cloud provider. If your employer uses an external platform, the vendor may host the video and logs.

• Building management (for leased spaces). Lobby, garage, and exterior cameras are often controlled by the landlord’s system.

Always send requests in writing (email). Copy HR and your supervisor. If dashcams are involved, CC the fleet or safety manager. If HR won’t/can’t produce, ask who the vendor is; if a vendor is named, request the vendor contact. This approach aligns with how employers typically control storage and set retention policies or rely on external firms for backups, covered in this discussion of workplace camera control and retention.

For context on how internal investigations work—and why a written record matters—see your rights during workplace investigations.

How to Compose an Effective Written Request

A strong written request is clear, time-bound, and preservation-focused. Treat it like a checklist so the custodian can find, preserve, and produce exactly what you need.

• Exact date and time (or narrow timeframe). Example: “June 5, 2:00–3:30 PM.”

• Exact location and camera identifier. Example: “Break room camera #2” or “Loading dock west gate camera.”

• Names of people visible or involved. Include co-workers, managers, visitors, or contractors.

• Purpose. Short and neutral: harassment complaint, safety incident, wrongful discipline appeal, or other workplace investigation.

• Preservation demand. Explicitly require the employer not to overwrite or delete original or backup recordings.

• Format and delivery. Request the original native export (or uncompressed copy) plus a standard MP4. Accept a secure download link, secure drive, or password-protected portal.

• Deadline. Ask for confirmation in five business days and production within 10 business days.

Written requests create a time-stamped record and show the employer was on notice that preservation is required—critical because retention windows can be short and systems often auto-delete. Employers decide retention, backups, and vendor use, so your email should request preservation of original and archived copies and related logs, as explained in this primer on employer control and retention policies. Keep copies of what you send, delivery receipts, and follow up if no reply in 48–72 hours.

If your request relates to harassment or discrimination, consider also following best practices from this step-by-step guide to reporting discrimination at work.

Best Practices for Evidence Detail and Technical Preservation

Think ahead to admissibility and usability. The more complete your request, the stronger your evidence will be in an investigation, agency case, or court.

• Ask for the original export (native or uncompressed) where possible. Originals preserve metadata and exact timestamps.

• Request camera and device details: camera ID and location, device serial number, original filename, and who exported the file.

• Request system logs. Access logs showing who viewed, downloaded, exported, or deleted files; retention settings; and any error logs for the period.

• For dashcams: complete telemetry (GPS points, speed, event triggers), and calibration or timestamp synchronization data.

• Ask for multiple formats: the vendor’s native export and a standard MP4 copy, plus a checksum/hash (e.g., SHA-256) for the original export.

• Proprietary format? Request both the original native file and a vendor-converted version in a widely playable format, along with the vendor’s player if needed.

Chain of custody means documenting who had the file, when, and why. A simple approach is to keep a running log with entries for date/time, action taken (exported, copied, transmitted), person responsible, file name and size, hash/checksum value, and notes. This helps show integrity and authenticity if the footage is challenged. Because employers control retention and backups, your request should explicitly cover originals, archives, and logs, consistent with this discussion of employer control of retention and backups.

For broader guidance on worker privacy and monitoring boundaries, see this overview of workplace privacy rights and monitoring.

What to Do If Employer Refuses or Stalls

If your employer ignores, delays, or refuses, document each step and escalate methodically. Your written record will be crucial for agencies or court.

• Document refusals. Save refusal emails. If a refusal is verbal, send a same-day summary email noting the date/time, who you spoke with, and what was said.

• Ask for the surveillance retention policy in writing. If video is missing despite being within the normal retention window, that fact matters.

• Follow up in 48–72 hours. Reference your earlier request, reassert preservation, and ask for a specific production timeline.

Escalation path.

• Internal: File a formal HR complaint or use the ethics hotline. Reference your prior request and the need to preserve evidence.

• Administrative: File with an agency that can compel records. For harassment or discrimination, this often means the EEOC or a state civil rights agency. For wage retaliation or similar claims, a state labor board can help. For safety, file with OSHA. Agencies can issue subpoenas and compel production, and their leverage can be greater than an individual’s, as explained in this overview of workplace cameras, surveillance, and legal tools such as subpoenas.

• Legal: Consult an employment attorney to send a formal demand and, if necessary, prepare discovery and a subpoena duces tecum. See more on limits and rights around surveillance from Workplace Fairness.

When disputes involve harassment or discrimination, you can also review this practical roadmap to the workplace discrimination claim process.

How Subpoenas Work and Sample Subpoena Language

A subpoena is a court order requiring a person or entity to produce documents or things. In litigation, a subpoena duces tecum is used to compel production of specific video files and related logs. If your employer refuses to cooperate, a subpoena is often the next step. Courts can enforce subpoenas with motions to compel and sanctions. For an employees’ guide to surveillance rules and subpoena practices, see this plain-English explanation of workplace cameras and legal enforcement.

When a subpoena helps. If your employer stonewalls, the vendor holds the footage, or an agency investigator needs records, a subpoena can require the custodian of records to produce originals (including backups) by a specific date.

Typical subpoena steps:

• Retain counsel or work with an agency investigator. Subpoenas are legal tools best handled by attorneys.

• Draft precisely: specify date/time ranges, camera IDs and locations, file names if known, and whether originals (or native exports) are required. Include system logs and backups.

• Serve the custodian of records (employer or vendor) and set a production deadline.

• Enforce if needed: if the custodian resists, counsel can seek a motion to compel and sanctions.

Sample subpoena paragraph (for informational purposes only): “You are commanded to produce the original surveillance video recordings (including any backups or archived copies) from camera(s) identified as [camera ID(s)] covering the area known as [location], for the time period [date/time range], as well as any system logs or backups referencing those recordings.”

If you anticipate subpoena practice, gather all communications, your request emails, and any exported footage in your possession before the consultation. To understand what an initial legal conversation covers and fee options, see how a free employment-law consultation works.

Employer Deletes CCTV Evidence — Spoliation and Legal Consequences

Spoliation is the intentional or negligent destruction of evidence relevant to a claim. If an employer deletes footage after you put them on notice to preserve it, courts can impose sanctions, instruct juries to assume the destroyed video would have been unfavorable to the employer (adverse inference), exclude certain evidence, or in extreme cases enter default judgment.

What you must show often includes: (1) the employer had a duty to preserve (e.g., via your complaint or preservation demand), (2) deletion or overwriting occurred, and (3) the loss was relevant and prejudicial to your claim. Employers control camera systems and retention choices, so they are expected to act reasonably once on notice—see this discussion of employer control, retention, and preservation responsibilities.

Immediate steps if you suspect deletion:

• Send a preservation notice to HR/security referencing your complaint and demanding preservation of any remaining copies and system logs.

• Request the written retention policy; ask if backups exist (local or cloud).

• Request access logs and backup records for the period at issue.

• Contact counsel promptly to consider emergency motions (e.g., a preservation order) and to preserve other available evidence.

Example timeline. Incident on June 1; retention policy is 14 days. You requested footage on June 5. On June 10, HR says footage is “missing.” Because your request arrived well within the retention period and you demanded preservation, deletion by June 10 may support a spoliation claim—especially if no explanation or logs are provided.

For safety incidents or violence in the workplace, also see guidance on workplace violence and employer duties.

Preserving Video Evidence via HR and Legal Channels

Once a complaint is filed, HR generally acts as the custodian of evidence and should ensure preservation. Send an immediate written preservation request to HR and the security or facilities team. Ask them to confirm in writing that originals, archived copies, and related metadata will be preserved until the matter is resolved.

Document the process:

• Maintain a preservation log of each request: date/time, person contacted, topics discussed, and promised actions.

• Keep copies of HR policies, the surveillance or retention policy, and any vendor communications the company shares.

• Note whether HR identifies a custodian of records for the footage and whether redactions will be applied upon production.

What to expect from HR. They may refer you to a security vendor, provide initially redacted video for privacy, or request a release or legal process (such as a subpoena). Regardless, once on notice, employers should not delete relevant video or logs, as discussed in this overview of employer control and preservation obligations.

For related privacy and monitoring considerations, review this guide to workplace surveillance and employee privacy rights.

Specific Guidance for Obtaining Dashcam Footage

Dashcam evidence disappears quickly, so you must act fast and broaden your request beyond the video file.

Who to contact: the fleet manager, safety manager, or third-party telematics provider. If you’re unsure who holds the data, ask HR to identify the telematics vendor and provide a contact.

What to request:

• The dashcam video (front/rear if applicable) for the precise date/time range.

• All related telemetry: GPS coordinates, speed, braking/G-force events, and timestamps.

• Device and vehicle identifiers: camera device ID/serial number, vehicle number, and the driver assignment log for the time period.

• Retention and backup details: whether the vendor maintains cloud backups and exact retention periods for stored video and telemetry.

Technical notes. Ask for the original vendor export and an MP4 copy. Request a hash (checksum) for the original export. Where formats are proprietary, ask for the vendor’s player and a standard-format conversion. Because employers generally control retention policies and may use external vendors, your preservation language should cover originals, archives, and logs at both the employer and vendor levels, as described in this overview of employer control and external vendor storage.

Agency Complaints and Regulatory Remedies

Depending on your claim type, agencies can investigate and compel production of surveillance footage and logs. This can be faster and more effective than individual requests when an employer resists.

• Harassment/discrimination: File a charge with the EEOC or your state civil rights agency. Investigators can request or subpoena records. Start at the EEOC’s page on how to file a charge.

• Wage/hour or retaliation: Your state labor agency or the U.S. Department of Labor may investigate; subpoena authority varies by jurisdiction.

• Safety violations: File an OSHA complaint. OSHA investigators can demand records relevant to a safety incident; see how to file an OSHA complaint.

Agencies often wield greater subpoena power and leverage than individuals. For a practical overview of when subpoenas apply and how they compel production, see Nolo’s guidance on workplace cameras and employer rules. For protected activities and monitoring limits, this summary explains what’s allowed and off-limits in workplace monitoring.

Example: A worker filed a harassment charge and asked the EEOC to obtain lobby-camera video showing a supervisor making threats. The agency issued a records request, and the employer produced the relevant clips and access logs within two weeks, resolving a months-long stalemate.

If you’re preparing to file a charge, this step-by-step guide to filing a complaint with the EEOC explains eligibility, deadlines, and what to expect.

Practical Timeline and Checklist to Access Workplace Surveillance Footage

Use this action-focused sequence to preserve your best chance of getting complete, usable video evidence.

• Within 24–48 hours of the incident:

  • Write down the exact date/time to the minute, location, and any camera identifiers you can see (e.g., “Break room camera #3”).

  • Identify witnesses and note their names and contact info.

  • Send a written request to HR/security with a preservation demand covering originals, backups, and logs.

• Within 3–5 days:

  • Follow up if no response; request the written surveillance retention policy.

  • Ask whether a third-party vendor or building management controls the relevant cameras; request the vendor contact if applicable.

• By day 7–10:

  • If no production, consult with an employment attorney about a demand letter or subpoena.

  • If dashcams are involved, contact the fleet manager or telematics vendor immediately to request cloud backups and telemetry.

  • Consider administrative filings (EEOC, labor agency, OSHA) to increase leverage.

• If evidence is missing or deleted:

  • Send a renewed preservation letter; ask for access logs, backup records, and an explanation for any gap.

  • Document dates and responses; consider spoliation remedies with counsel.

This sequence also supports broader evidence efforts. For example, if you’re alleging discrimination, combine your video request with steps in this guide to understanding workplace discrimination laws. If you anticipate retaliation or need to record conversations lawfully, see this primer on recording workplace conversations.

When to Hire an Attorney and What to Expect

An attorney can escalate quickly by drafting preservation letters, issuing subpoenas, coordinating with agencies, and enforcing chain-of-custody and integrity practices. Lawyers also prepare emergency motions (e.g., preservation orders), handle negotiations with vendors, and seek court sanctions if an employer fails to preserve or produce. For a grounded overview of subpoena strategy and legal remedies, review this guide to workplace cameras and enforcement tools.

Cost structures vary. Some attorneys offer free consultations, some work on contingency when tied to broader claims, and others bill hourly. Bring copies of all communications, your timeline/log, any exported files, and notes about retention windows. If your case involves harassment or a hostile environment, you can also consult this overview of workplace harassment legal options.

Additional Resources and References

• Employer control/retention overview — explains how employers set camera policies, retention windows, backups, and vendor use.

• Legality and notice obligations — outlines where cameras are permitted and employer notice practices.

• Subpoena/employee rules overview — practical guide to subpoenas, privacy, and employer surveillance rules.

• Workplace monitoring legal boundaries — employee rights and limits on employer surveillance.

• Limits on monitoring and protected activities — compliance guardrails and protected conduct implications.

For a deeper walkthrough, see our comprehensive guide on how to access workplace surveillance footage across requests, preservation, and subpoenas.

Summary — Key Takeaways and Final Recommendations

• Act fast: retention windows can be days. Identify the precise date, time, and location and put HR/security on immediate written notice.

• Be specific: include camera IDs, names of people visible, the purpose, and a clear preservation demand for originals, backups, and logs.

• Think technically: ask for native exports, MP4 copies, telemetry for dashcams, system logs, and a checksum to prove integrity.

• Escalate methodically: follow up, ask for the retention policy, and use agency complaints or subpoenas to compel production.

• Protect your case: if the employer deletes video after notice, discuss spoliation remedies with counsel.

Keep your tone professional and your documentation thorough. Preserve your own evidence (screenshots, messages, timelines), and remember that surveillance and access rules can vary by state. For broader support on discrimination reporting and protections, review how to report workplace discrimination effectively and how to file with the EEOC. If safety is involved, see our guide to OSHA complaints and retaliation.

Conclusion

This article is for informational purposes only and does not constitute legal advice. Laws vary by state, fact patterns matter, and you should consult an attorney about your specific situation.

Need help now? Get a free and instant case evaluation by US Employment Lawyers. See if your case qualifies within 30-seconds at https://usemploymentlawyers.com.

FAQ

Can my employer legally record me at work?

Generally, yes—employers often can use cameras in common areas, and many states don’t require consent for video without audio. However, employers should notify staff about surveillance and avoid prohibited locations (like restrooms) and uses. For an overview of lawful placement and notice practices, see this guide to workplace surveillance legality and notice. Employers must also respect legal limits and protected activities; see insights on workplace surveillance boundaries and what monitoring is off-limits.

How long do companies keep CCTV or dashcam video?

Retention varies widely—sometimes only days—depending on storage capacity, motion-triggered settings, and company policy. Because employers control retention and backups (or rely on vendors), act immediately and send a preservation demand for originals, archives, and logs, as covered in this overview of employer control and retention.

What if the footage shows other employees?

Employers may initially produce redacted footage to protect privacy. That doesn’t eliminate your right to relevant evidence. Ask for an unredacted version under appropriate safeguards (e.g., protective order) or request that your counsel or the agency investigator review it. Agencies have tools to compel production, including subpoenas—see this subpoena and workplace camera overview.

Can I record my own proof if I can’t get the video?

It depends on your state’s recording laws and your employer’s policies. Audio recording often triggers stricter consent rules than video. Before recording, review this practical guide on recording workplace conversations lawfully and consider the risks of policy violations or retaliation. Where safe and lawful, preserve other evidence (emails, messages, photos of posted notices, contemporaneous notes).

Do I need a lawyer to get a subpoena for video?

Subpoenas are legal instruments typically handled by attorneys or agency investigators. A lawyer can draft narrow, effective subpoenas, serve the correct custodian, and seek a motion to compel and sanctions if the employer or vendor resists. Learn more in this guide to workplace cameras and subpoenas, and consider a free employment-law consultation to review your options.