Surveillance camera w/ audio recording facing sidewalk is it legal?

[Taxing Matters]

Being signs were brought up by some of you, is one even require to put them up if audio is not being used? I assume no being there is no expectation of privacy in public?

For video only recording the answer depends on the use you will make of the video. For just security use and nothing else, you'd generally not need any signs. But of course a sign might be useful in deterring criminal activity. After all, criminals are less willing to commit their crimes where they know their deeds might be recorded which could make it easier for law enforcement to track them down.

 

[quincy]

Thank you for everyone reply, while it seems strange that audio recording can't be used while someone is in public, i guess in California one can't.

Being signs were brought up by some of you, is one even require to put them up if audio is not being used? I assume no being there is no expectation of privacy in public?

First, it is not exactly true that there is no expectation of privacy in public. There are situations where privacy is expected and can be intruded upon by a photographer or videographer (e.g., car accident victims). But you are correct that, when someone is in a public place, it would be reasonable for that person to assume s/he might be captured on film or photographed and possibly overheard by others.

Posting signs has both pluses and minuses. A small notice on your house or door or in a window should not be a problem, except that these notices generally cannot be seen from a public sidewalk. Signs posted in the yard could be seen from the sidewalk but would need to follow the sign requirements of any local sign ordinances.

Again, it is best to simply shut off the audio feature on your cameras.

 

[cbg]

I am reminded of a thread - I don't recall if it was here or down the street - where the OP wanted to obtain recommendations for a product he was selling and was absolutely determined to do it by audio recording. For several pages he resisted the idea of having a written release authorizing the recommendation from the purchaser (we are talking about people happening by his table set up in the mall, not corporate purchases). I don't recall off hand if we ever convinced him that getting a recording of someone saying, "This is a really good product," when that person had no idea that they were being recorded, was not his best option.

 

[quincy]

I am reminded of a thread - I don't recall if it was here or down the street - where the OP wanted to obtain recommendations for a product he was selling and was absolutely determined to do it by audio recording. For several pages he resisted the idea of having a written release authorizing the recommendation from the purchaser (we are talking about people happening by his table set up in the mall, not corporate purchases). I don't recall off hand if we ever convinced him that getting a recording of someone saying, "This is a really good product," when that person had no idea that they were being recorded, was not his best option.

The recording laws and the laws on photography are often misunderstood. Many believe that anyone in public loses all of their privacy rights, and that just isn’t the case - especially in California, a state with perhaps the most stringent of privacy and publicity rights laws.

 

[randomgirl]

First, it is not exactly true that there is no expectation of privacy in public. There are situations where privacy is expected and can be intruded upon by a photographer or videographer (e.g., car accident victims). But you are correct that, when someone is in a public place, it would be reasonable for that person to assume s/he might be captured on film or photographed and possibly overheard by others.

Posting signs has both pluses and minuses. A small notice on your house or door or in a window should not be a problem, except that these notices generally cannot be seen from a public sidewalk. Signs posted in the yard could be seen from the sidewalk but would need to follow the sign requirements of any local sign ordinances.

Again, it is best to simply shut off the audio feature on your cameras.

I need to correct you on this because i done freelancing. While national media have their own policy on what they will show on tv such no video of minors without permission, no sexual assult victim etc, from legal point of view that is all permitted. I have video tapped hundreds of car crashes without ever getting arrested and even when they try to push HIPAA on me.

 

[quincy]

I need to correct you on this because i done freelancing. While national media have their own policy on what they will show on tv such no video of minors without permission, no sexual assult victim etc, from legal point of view that is all permitted. I have video tapped hundreds of car crashes without ever getting arrested and even when they try to push HIPAA on me.

You have been fortunate not to be sued.

 

[randomgirl]

You have been fortunate not to be sued.

Not to move too far from this topic but I do not see how. It appears that no sign is needed to be posted for security camera videotaping being their is generally no expectation of privacy and one can't just do audio recording even with a sign in California for expectation of privacy even do i honestly still confused how one got any expectation of privacy while walking on the sidewalk and talking loud enough that people near by can hear you. Same concept should apply to car crashes etc, no expectation of privacy.

 

[quincy]

Not to move too far from this topic but I do not see how. It appears that no sign is needed to be posted for security camera videotaping being their is generally no expectation of privacy and one can't just do audio recording even with a sign in California for expectation of privacy even do i honestly still confused how one got any expectation of privacy while walking on the sidewalk and talking loud enough that people near by can hear you. Same concept should apply to car crashes etc, no expectation of privacy.

Okay ...

... but what you think should apply is not going to help you avoid a lawsuit, should you use what you video or audio record.

A link to the law:
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1708.8

 

[cbg]

Because you have not been sued yet does not mean that you will never be sued; nor does it mean that what you are doing is legal. Only that so far, no one has cared enough to take action yet.

 

[quincy]

Here is a link to an overview of the privacy torts recognized in California (which include intrusion into seclusion, false light, disclosure of private facts, right to publicity):

https://withoutmyconsent.org/50state/state-guides/california/common-law/

One of the biggest mistakes “freelancers” and citizen bloggers make is not knowing the laws that govern their work. You can visit the Knight Community News Network (http://kcnn.org) and read the “Limiting Legal Risks” learning module to get a clearer picture of the laws you need to be aware of when gathering stories and when publishing.

 

[adjusterjack]

I smell a troll.

 

[quincy]

I smell a troll.

Haha. randomgirl appears to just have a misunderstanding of the laws on privacy. There are a lot of people who only learn the laws after they are sued or arrested for violating them.