What to Expect During an Attorney Video Conference: Privacy & Confidentiality
Attorney video conferences are designed for private communication between you and your loved one. Here's what NJDOC policy says about confidentiality, who can be present, and what happens if that privacy is breached.
Under NJDOC policy, communications over the video link between an inmate and outside agency personnel are treated as privileged, confidential, and private. The conversation functions like an attorney-client communication - not a regular, monitored call.
Privacy covers more than just what's said - it includes who's within earshot. NJDOC policy prohibits any third person from being present during the inmate's VTC communication, including correctional officers. This applies to anyone close enough to hear the conversation. The only exception: both the inmate and their attorney (or court officer) authorize that person in writing.
On the facility side, the inmate participates alone. NJDOC procedures specify that inmates sit by themselves in a specially constructed videoconferencing booth or room during VTC sessions. This setup supports confidential legal communication.
Need to get paperwork to the inmate during the VTC? The system includes a document pathway for that. Each correctional facility has a facsimile machine as part of the videoconferencing system, allowing incoming documents to be received directly by the inmate.
The VTC exchange is treated as privileged and confidential - and the document-transmittal setup is part of that same process. Documents sent through the facsimile component for the inmate's direct receipt carry the same expectation of confidentiality as the video call itself.
Breach Notification Consequences
- ✓ Notify the participating agency in writing within 48 hours of the breach.
- ✓ Notify the New Jersey Department of Corrections (NJDOC) in writing within 48 hours of the breach.
Note: Violating confidentiality provisions could be grounds for terminating the Video Teleconferencing Program by any party. The written-authorization and no-third-person rules are taken seriously.
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