Estimated reading time: 18 minutes

Meta description: Learn how to access workplace surveillance footage, request security camera video from your employer, preserve evidence, and what to do if footage is refused or deleted.

Key Takeaways

• Act fast and be specific about dates, times, and camera locations—many systems overwrite video within days.

• Make all requests in writing, keep copies, and send a preservation notice if footage may be relevant to a claim.

• Employer ownership of CCTV does not excuse hiding or destroying evidence relevant to your rights or legal claims.

• If the employer refuses or deletes video, speak with counsel about subpoenas, motions to compel, and spoliation remedies.

• For dashcams, identify the vehicle and ask for original files, GPS/telemetry, logs, and cloud access history.

Table of Contents

• Introduction

• Quick Glossary and Definitions

• Who Owns and Controls Workplace Surveillance Footage

• Before You Request: Prepare

• How to Request Security Camera Video from Your Employer

• What to Record While You Wait (Evidence Log)

• If the Employer Refuses, Stalls, or Claims Deletion

• Legal Remedies: Subpoenaing Employer CCTV Footage

• How to Obtain Dashcam Footage in the Workplace

• Preserving Video Evidence and Working with HR

• Evidence Handling and Technical Verification

• If Evidence Appears Deleted: What Courts Can Do

• When to Involve External Agencies and Other Support

• Realistic Timelines and Expectations

• Example Scenarios and Short Walkthroughs

• Resources and Further Reading

• Conclusion

• FAQ

• Can my employer refuse to show me footage?

• How long do employers keep footage?

• What if my footage was overwritten?

• How do I subpoena employer CCTV?

• Can I record at work if they won’t share video?

Introduction

If you need to access workplace surveillance footage—for example, to document harassment, defend against wrongful discipline, or support a safety complaint—you must know the practical and legal steps to get and preserve that evidence. When you access workplace surveillance footage correctly and quickly, you reduce the risk it will be overwritten or lost.

“Workplace surveillance footage” includes CCTV and security cameras on company property, plus dashcams in company vehicles. Employers generally own and control footage recorded by their systems, policies, and equipment, which is why employees must follow clear, documented steps when requesting it. Guidance on employer control and monitoring practices is well-documented in overviews of U.S. monitoring laws and workplace camera policies, including WorkTime’s discussion of employee monitoring and employer control of data and Coram’s overview of cameras in the workplace.

In this guide, you’ll learn how to request footage, document every step, and send a preservation notice to prevent deletion. You’ll also see what to do if an employer deletes CCTV evidence, how subpoenas work, dashcam specifics, and how to involve HR effectively. Throughout, we stress fast action and careful documentation.

• How to request footage and what to include

• How and why to document requests and responses

• How to send a preservation notice and what spoliation means

• What to do if the employer deletes CCTV evidence or refuses

• How subpoenas work and what they must specify

• Dashcam steps, including GPS and cloud logs

• How to work with HR while you preserve video evidence

For broader context on your privacy rights at work and what employers can monitor, see this detailed primer on workplace privacy rights and employer monitoring.

Quick Glossary and Definitions

• CCTV/security camera video. Fixed cameras installed on premises recording to local or cloud storage; used in lobbies, hallways, parking lots, and production floors. Why it matters: these cameras may capture the exact time and place of an incident, and quick requests reduce overwrite risk.

• Dashcam footage. Video recorded from vehicles used for company business; may be stored on SD cards or uploaded to cloud platforms. Why it matters: dashcams often include GPS and time metadata, which can confirm where a vehicle was at specific moments and help you obtain dashcam footage workplace evidence.

• Preservation notice / spoliation. A preservation notice is a written instruction to preserve evidence. Spoliation is the deletion or destruction of evidence and can lead to court sanctions or adverse inferences if employer deletes CCTV evidence. Why it matters: preservation notices help trigger legal duties to retain relevant data.

• Subpoena. A formal court order requiring production of documents or footage. Why it matters: a subpoena can compel production of video when voluntary access fails, and can be crafted to subpoena employer CCTV precisely.

Who Owns and Controls Workplace Surveillance Footage

In most workplaces, the employer owns the surveillance equipment and the recordings made on that equipment. That ownership gives the company control over storage, retention, and access. For a grounded summary of monitoring laws and employer control, see WorkTime’s overview of employee monitoring laws and Coram’s practical guide to workplace cameras.

Ownership is not absolute. When footage is relevant to an employee’s legal rights or claims, employers may have duties to preserve it and cannot delete it after notice without risk of sanctions. Employers must also balance business interests with privacy and lawful monitoring limits. For a useful discussion of these boundaries and the privacy tradeoffs, see this piece on balancing workplace surveillance with employee privacy.

Policies often set who can access footage and for how long it is retained. But policy language does not excuse the concealment or destruction of evidence once it becomes relevant to a dispute. If you believe footage pertains to harassment or safety incidents, make clear written requests and send a preservation notice so the employer cannot later claim routine deletion. For broader privacy context and employee-rights guardrails, review workplace privacy rights and monitoring.

Before You Request: Prepare

1. Precisely identify the footage. Write down the date(s), start and end times (24-hour clock or AM/PM), and camera location (for example, “parking lot near spaces A‑15–A‑25”). If you know a camera ID or name, include it. Specificity helps the employer find the exact clip and limits excuses.

2. List people involved and what happened. Note names, job titles, and a short factual summary of the incident. This context shows relevance and narrows the scope.

3. Explain why you need the footage. State whether it relates to harassment, discipline defense, retaliation, or an accident. Relevance helps justify preservation and quicker handling.

4. Determine the chain-of-command. Identify the HR contact, security manager, your supervisor, the fleet/safety manager (for dashcams), and a union representative if applicable. Sending to the right people speeds action and creates a record with decision-makers.

5. Find the document retention policy. Ask HR for the company’s retention policy and save it. If later the company claims deletion, you can check whether it aligns with policy and timelines.

6. Move fast due to retention windows. Many systems auto-delete after a few days or weeks. The sooner you act, the better your odds to access workplace surveillance footage before it’s overwritten.

These steps make it easier to request security camera video employer records efficiently, obtain dashcam footage workplace evidence if vehicles are involved, and work with HR to preserve video evidence HR without delay.

How to Request Security Camera Video from Your Employer

Always put your request in writing and keep copies—email is ideal. Written requests create a clear timeline and make it easier to prove you acted promptly. Guidance on documenting requests and monitoring practices appears in WorkTime’s monitoring overview.

Include these elements in your message:

• Who you are: your name, job title, and work location.

• Exactly what you need: the camera location, date, and precise time range.

• A clear request for original-format copies: ask for the original file format and metadata.

• A reasonable timeline for response: for example, “please confirm receipt and expected timing within 5 business days.”

• An explicit preservation request: ask HR/security to preserve all related footage and backups immediately.

Example request lines you can adapt into your email: “I am requesting copies of the security camera footage showing [location] on [date] between [time] and [time], including any cameras that cover [specific area]. Please preserve and provide copies in original format with metadata.” Then add: “Please confirm receipt and let me know when I can expect the footage. I request a response within 5 business days.”

Where to send it: HR, security, your supervisor, and the fleet/safety manager for vehicle footage. If you have a union, copy your representative. For urgent safety incidents, you can use a short, incident‑report style request that lists the time, exact location, and risk involved, and explicitly asks immediate preservation of all cameras that cover the area.

Documentation tips while you wait:

• Save your sent email and any attachments.

• Screenshot your message and any delivery/“read” confirmations.

• Keep a call log with dates, times, and names for any follow-up phone discussions.

• Request a short written acknowledgment from HR or security.

Follow-up timeline and language: If you do not receive acknowledgment within 3–5 business days, send a short follow-up referencing your original request and asking for a status update and confirmation that footage/backups are preserved. If the employer cites deletion or retention windows, ask for the written retention policy and note when and how the footage was last accessed.

Related reading on your options to gather evidence and interact with HR during investigations: rights during a workplace investigation and how to report a hostile work environment when harassment is involved.

What to Record While You Wait (Evidence Log)

Keep a running log so you can later show who knew what and when. Suggested fields:

• Date/time of each request sent

• Who received it (names, titles, email addresses)

• Response summary and date

• Screenshots or file names of saved messages

• Phone calls: date/time, who you spoke with, outcomes

• HR case/reference number (if any)

• Copy of retention policy and the date you received it

• Copy of your preservation notice and date delivered

• Evidence received: what format, which date/time ranges, and when you received it

This log reinforces your efforts to preserve video evidence HR and to access workplace surveillance footage efficiently and defensibly.

If the Employer Refuses, Stalls, or Claims Deletion

Spoliation means destroying or failing to preserve evidence that should have been retained. If footage is deleted after you requested it or after an incident that clearly triggers a duty to preserve, courts can impose sanctions or instruct a jury to assume the evidence would have been unfavorable to the employer. See the summary on spoliation and monitoring duties in WorkTime’s monitoring guide and the discussion of remedies and preservation considerations in this privacy and surveillance balancing article.

Immediate steps if you encounter refusal or alleged deletion:

1. Send a formal preservation notice. In plain terms, tell HR, security, and (if known) company counsel to preserve all surveillance footage, backups, metadata, dashcam data, logs, and related evidence from specified cameras, dates, and times. Instruct them not to overwrite, delete, or alter any footage pending further notice or legal proceedings, and request written acknowledgment.

2. Escalate in writing to HR leadership. Ask for written confirmation that backups are preserved and the retention schedule suspended for relevant files.

3. Ask for documentation. If they claim deletion, request the written retention policy, the date/time the footage was last accessed, and who accessed it.

4. Preserve your own records. Save emails, letters, screenshots of system messages, incident reports, and any statements you receive about deletion or delays.

5. Consult an employment attorney promptly. Counsel can assess spoliation, prepare subpoenas, and pursue sanctions if warranted. For a quick overview of consulting options, read about an employment lawyer free consultation.

How to show deletion was intentional versus routine: build a timeline of your requests, tie those dates to the system’s retention schedule, and collect logs or admin reports showing when files were accessed or changed. Even if deletion was “routine,” a court can still impose remedies if the employer should have preserved footage after you put them on notice or after it became reasonably foreseeable litigation would follow.

Legal Remedies: Subpoenaing Employer CCTV Footage

A subpoena is a court order requiring production of documents or data. This step is appropriate when voluntary requests fail, when you have reason to believe the employer is withholding data, or after you file a complaint or lawsuit. For context on legal steps and the importance of tailored, privacy-aware scope, see this discussion on workplace surveillance and privacy balancing and these FAQs about workplace surveillance.

What the process typically looks like for non-lawyers:

1. Consult an employment attorney. They will evaluate scope, draft requests narrowly, and protect chain-of-custody.

2. Attorney drafts a subpoena duces tecum. It should specify exact cameras, dates/times, locations, file formats, and accompanying metadata (timecodes, camera IDs, export logs, and checksums).

3. Serve the subpoena properly. The employer’s registered agent or legal department must be served under local rules.

4. Wait for the response window. Response deadlines vary by jurisdiction but commonly range 14–30 days.

5. If there’s resistance, file motions. Your attorney may bring a motion to compel and, if deletion occurred, seek spoliation sanctions.

6. Verify authenticity and integrity. Counsel or a forensic expert should confirm metadata and checksums align with original system exports.

Chain-of-custody matters at every step. Keep an evidence log of who handled files and when, and preserve originals unedited. The goal is to obtain admissible evidence you can trust and that a court will accept if there is a dispute.

How to Obtain Dashcam Footage in the Workplace

Dashcams often differ from CCTV in where data is stored and what metadata exists. Many systems save to SD cards in-vehicle or upload “event” clips to the cloud; most embed GPS/time metadata. These attributes can make dashcam footage especially valuable in vehicle incidents or off-premises events. For background on monitoring practices and employer responsibilities, see WorkTime’s monitoring overview, Coram’s workplace camera guide, and an employer‑focused summary of monitoring laws by MWH Law Group.

Step-by-step approach:

1. Identify the vehicle. Record the fleet number, license plate, VIN, driver, date/time, and trip log details.

2. Identify the data owner. Determine whether fleet management, safety, or a third‑party vendor manages the platform.

3. Write to fleet/safety and HR. Specify vehicle ID, date/time, and location; ask if footage is local (SD card) or cloud, and request original files with GPS/telemetry and metadata.

4. Request both event and continuous clips. Some systems record continuously and also save event‑triggered clips; ask for both if available.

5. If local media exists, ask for a forensic copy. Request a bit‑for‑bit copy of the SD card and that the image be hashed (MD5/SHA) to verify integrity.

6. If cloud-based, ask for access logs. Request logs showing when relevant clips were accessed, exported, or deleted.

Complications to expect: short overwrite windows, proprietary platforms that require vendor cooperation, and different retention rules for event clips vs continuous recordings. Your requests should reflect these realities and be as specific as possible to improve your chances to obtain dashcam footage workplace materials promptly.

Preserving Video Evidence and Working with HR

HR often manages policies and coordinates with security or IT. Their response can either facilitate preservation or cause delay. Document all HR communications and put preservation duties in clear written form to preserve video evidence HR effectively. Overviews of employer monitoring obligations reinforce the importance of HR’s role—see WorkTime’s monitoring summary and MWH Law Group’s monitoring guide.

Suggested sequence:

1. Send your initial written request. Copy HR and the security/legal addresses listed in policy documents.

2. Follow with a formal preservation notice. Address it to HR and company counsel, instructing preservation of specified cameras/dates/times and all backups and logs.

3. Seek written confirmation. Ask HR to confirm in writing that relevant footage and backups have been preserved, and request the retention policy and any integrity logs.

4. Request original formats and metadata. Ask for original files, timecodes, camera IDs, export logs, and an unaltered “master” plus a separate working copy.

5. If HR refuses, escalate. Involve counsel and consider appropriate agency complaints if the employer remains non‑compliant.

What to request from HR in detail: the retention schedule; chain-of-custody and export logs; incident reports; CCTV system admin contact information; and camera location maps. You can also ask HR to issue a short “declaration of preservation” stating what was preserved, when, and by whom, which may be useful later in litigation.

For safety-related incidents and workplace threats, learn parallel steps in this guide to reporting unsafe conditions and OSHA complaint retaliation and this overview of workplace violence and employer liability.

Evidence Handling and Technical Verification

Technical checks increase reliability and admissibility:

• Request original, unedited files and metadata. Ask for camera ID, time/date/time zone, frame rate, export logs, and any system-generated file hashes.

• Use checksums (MD5/SHA). A checksum is a digital fingerprint of a file. When the employer or a neutral expert generates a hash at export and you match it later, it confirms the file was not altered.

• Maintain chain-of-custody. Keep a log with dates, names, storage locations, and handling signatures. Note every copy made and why.

• Store securely. Retain the master in a secure location (encrypted external drive or secure cloud with access controls). Make a forensic copy for your attorney.

• Consider a digital forensics expert. An expert can validate metadata, produce a report, and testify to authenticity if needed.

Short request scripts you can adapt in your correspondence:

• “Please provide the original export and any accompanying export logs, including camera ID, time zone, and file format.”

• “Please generate and share an MD5 or SHA checksum for each exported file so we can verify integrity.”

• “Please provide chain-of-custody documentation showing who accessed, exported, and transferred the files.”

If legal process becomes necessary, your attorney will tailor requests to subpoena employer CCTV with these technical details included.

If Evidence Appears Deleted: What Courts Can Do

If an employer deletes CCTV evidence after you put them on notice—or after an incident reasonably signals a dispute—courts may impose serious remedies. Depending on jurisdiction and facts, sanctions can include:

• Adverse inference instructions. The jury may be told it can assume the deleted footage would have favored your case.

• Monetary sanctions and attorney’s fees. Courts can require the employer to pay costs caused by spoliation.

• Default judgment in extreme cases. Rare, but possible if misconduct is egregious.

• Evidentiary restrictions. The employer may be barred from disputing certain facts the video would have addressed.

To obtain sanctions, employees typically must show that the footage was relevant, that the employer had a duty to preserve it, and that deletion was negligent or intentional. Documentation is crucial: your written requests, the preservation notice, retention policy copies, and any logs or emails about deletion bolster your argument. For plain‑English discussions of spoliation and preservation obligations, see WorkTime’s monitoring and evidence overview and this analysis of surveillance legality and privacy balancing.

When to Involve External Agencies and Other Support

You do not always have to go straight to court. Non‑litigation options can also help secure evidence and protect your rights:

• State labor departments. They can investigate certain wage/hour or safety issues and request records.

• EEOC or state civil rights agencies. For discrimination, harassment, or retaliation, administrative agencies investigate and can subpoena evidence during their process.

• Workplace rights organizations, unions, and advocacy groups. They can offer practical guidance and support.

When to file a complaint versus suing depends on the claim, deadlines, and what evidence you need. A practical sequence is: consult counsel → send preservation notice → work with HR → file an agency complaint if the employer is noncompliant → use subpoenas during litigation as needed. For plain‑language discussions of surveillance questions in employment matters, see these FAQs about workplace surveillance and a New York–focused overview of surveillance legalities and employee privacy.

If the requested footage relates to potential harassment and retaliation, these guides can help you frame next steps and deadlines: how to report a hostile work environment and pursue a sexual harassment claim when internal processes fail.

Realistic Timelines and Expectations

Retention risks and system overwrites make timing critical. A practical schedule:

• Day 0: Incident occurs. Write immediate notes and list witnesses.

• Day 1: Send your written request and a preservation notice.

• Days 3–7: Follow up if you have no acknowledgment; escalate to HR/union if needed.

• Days 7–14: If refused or missing footage, consult counsel; consider an agency complaint.

• Days 14–30+: Subpoena timelines vary by jurisdiction; plan for 14–30 days for responses after service to subpoena employer CCTV.

The first hours and days matter most. Many CCTV and dashcam systems automatically delete older footage on rolling schedules. Acting promptly is the best way to access workplace surveillance footage before it disappears—especially if you anticipate disputes over what happened.

Example Scenarios and Short Walkthroughs

1) Harassment in a hallway captured on CCTV. You note the exact date/time (10:32–10:40 a.m.), hallway location, and camera ID if known. You email HR/security with a precise request and preservation instructions, then follow up within 3–5 days for confirmation. If there’s resistance, send a formal preservation notice and escalate. If internal responses stall, consult counsel about targeted requests and, if needed, a subpoena that names the camera(s), file formats, and metadata. Collect emails, HR responses, and any camera location maps.

Documents to collect: your written request and follow‑ups; HR acknowledgement; retention policy; preservation notice; camera location map; export logs; copies of the footage and checksums. If this involved a hostile environment, also review steps in reporting a hostile work environment.

2) Vehicle accident captured on a dashcam. You identify the fleet number, license plate, driver, date/time, and the route. You write to the fleet/safety manager and HR asking whether the clip is on an SD card or in the cloud, and request the original file, GPS logs, and metadata. Because dashcams often overwrite rapidly, you send a preservation notice immediately. If cloud-based, you ask for logs showing who accessed or exported the clip and when.

Documents to collect: initial request, preservation notice, dashcam vendor name, storage type (card/cloud), copy of the file, GPS logs/telemetry, and access logs. If the incident raised safety issues, consider the guidance in reporting OSHA-related hazards.

3) Employer claims footage was auto-deleted. You gather the company’s retention policy, your earlier request dates, and any logs of access/exports around the time of deletion. You send a written request for an explanation of when and how the footage was last accessed and by whom. You consult counsel to assess spoliation. If a case is filed, you pursue production of backups and logs, seek adverse inferences, or ask for sanctions if appropriate.

Documents to collect: request emails, policy copies, preservation notice, screenshots or emails where deletion is claimed, system log excerpts, and any partial clips. If the event was a workplace threat or violence incident, also review workplace violence liability.

Resources and Further Reading

These resources explain employer monitoring practices, CCTV/dashcam issues, and the balance between business interests and privacy. They are useful background when drafting requests, sending preservation notices, or considering subpoenas. Each title below links to the underlying source:

• WorkTime — Employee monitoring laws (monitoring basics, ownership/control, preservation considerations)

• Coram — Cameras in the workplace overview (policy and operational practices for workplace cameras)

• DC Employment Law Blog — Legality and privacy balance (legal boundaries, preservation, sanctions)

• Employment Lawyer New York — FAQs about workplace surveillance (practical Q&A on workplace video issues)

• MWH Law Group — Employee monitoring laws overview (employer obligations and monitoring considerations)

• Lipsky Lowe — Surveillance legality in New York (jurisdiction-specific insights; helpful perspective even outside NY)

• Justice at Work — Practical guidance on employer surveillance (plain-language guidance on surveillance legality and practice)

Conclusion

To protect your rights, access workplace surveillance footage promptly and follow the steps above. Be specific about dates, times, and camera locations; act within hours or days whenever possible; and document every communication. Ownership and policy limits do not excuse hiding or destroying relevant evidence, and courts can address spoliation where necessary.

• Act immediately and be specific about date/time/location.

• Always make written requests and keep a full communication log.

• Send a formal preservation notice if footage is relevant.

• If employer refuses or deletes footage, consult counsel about subpoenas and spoliation remedies.

• For dashcam footage, identify vehicle/fleet and ask for telemetry/GPS.

Legal disclaimer: This guide provides general information and is not legal advice. Laws vary by state and situation. If you need advice on your specific circumstances, consult a qualified employment attorney in your jurisdiction.

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 refuse to show me footage?

Employers generally own and control footage recorded on their systems, and they may refuse voluntary disclosure unless policy or law requires otherwise. However, if footage is relevant to a legal claim, you can send a preservation notice and, if needed, seek production through a subpoena. See background on employer control and monitoring in WorkTime’s monitoring overview and practical camera policies in Coram’s workplace cameras guide.

How long do employers keep footage?

Retention varies widely—some systems overwrite within days while others keep data for weeks or longer. Ask for the written retention policy and act quickly. Policies and balancing considerations are discussed in Coram’s cameras in the workplace article and in this surveillance and privacy balancing guide.

What if my footage was overwritten?

Send or reference your preservation notice, document all timelines, and consult counsel. Courts can impose sanctions for spoliation if the employer deletes footage after a duty to preserve arises. For plain-language overviews, see WorkTime’s monitoring and evidence guide and this legal analysis of workplace surveillance and privacy.

How do I subpoena employer CCTV?

Work with an employment attorney. They will draft a subpoena duces tecum that specifies exact cameras, dates, times, formats, and metadata; serve it properly; and, if needed, file a motion to compel. Legal context for scoped, privacy-aware requests appears in this article on surveillance and privacy balancing and these surveillance FAQs.

Can I record at work if they won’t share video?

It depends on state consent laws, company policies, and whether you are in a private area. Review practical guidance on state consent rules and safer approaches in this guide to recording workplace conversations. When in doubt, consult counsel before recording.

Additional related reading on evidence and workplace rights:

• Workplace privacy rights and employer monitoring

• Rights during a workplace investigation

• How to report a hostile work environment