Can You Record People Without Permission?
HTML-код
- Опубликовано: 9 июн 2024
- Website: www.HonesLaw.com
Thrasher v. Thrasher case: www.courts.wa.gov/opinions/pd...
Video content:
0:00 Intro
0:25 Disclaimer
0:35 Two-Party Consent Laws
0:59 States with two-party consent laws
1:46 Exceptions to the law
2:10 Threats and unlawful requests
3:15 Public conversations
3:42 Consent by announcement
4:20 Consequences for violating the law
5:23 Bottom line
A woman was recently arrested for recording herself being physically abused, instead of the abuser, in Massachusetts recently. This law is absolutely backwards in the case of DV. So many people cannot escape DV situations cleanly, especially with children and custody involved, because even if they acquire video evidence of the abuse, it is inadmissible or could even land you an arrest. There is legislation being made to allow for a DV exception in MA, but its still just starting and its too little too late for countless thousands of DV victims, male and female, who could have escaped years ago or now if only this law didn't infringe on their ability to collect and present evidence of their situation.
With what I heard about their gun laws too, it seems like Massachusetts has become borderline communism...
Two party consent state protects abusers
This happened to me. My mom and I was recorded without consent in Florida in the privacy of our own home. I found out that was illegal because Florida is a two party consent state. I did not give consent to being audio or video recorded and I was retaliated against for speaking up for my rights when I found out that was illegal.
Great video, I would also add that if you call someone from a one party state to a two party state the law defaults to the two party state rule. Meaning- you must get the consent of the other party to record. Hence, the reason they state “ this call may be recorded for business purposes.”
If you believe they are in the same state as you that law does not apply.
Attorney Thank You For Sharing This Information
only 11 states are two party consent states, the rest are single party consent, meaning you can secretly record (assuming the person doing the recording consents to the recording)
Right!
@@edhones So, if I film someone from my car with the window down in Texas is that okay? There's a guy who gives to the homeless and he records it from his car, setting up his phone in the passenger seat. The video is him handing food through the window talking etc. Is that okay? And if I were to do the same and upload it online is that okay?
@@GhostMonkey772that’s a little different. People can record you and post it online any time there’s not a reasonable expectation of privacy. Being in public severely diminishes your right not to have your picture taken, or be recorded.
The only exceptions would be if they sold your image or likeness, sold media containing said property, or were to use said media in a legal process.
@@christopherreynolds5783 so i cant do that?
Texas, the state i reside in is a one party consent state. in other words if i consent to the conversation/recording, i am within my legal work rights.
doesnt matter where you are especially in public you can absolutely record anyone without consent. Theres no expectation of privacy in public
heres where private homes are legal to record people without consent. from a public sidewalk. if a house window is open any one walking by can see inside. you can record it. The Supreme Court has ruled Davis Vs United States 1968 the court has held that individuals have no reasonable expectation of privacy when they fail to take steps to protect their privacy such as closing curtains or blinds. The court states that "The Fourth Amendment" does not protect what a person knowingly exposes to the public" this means that if someone leaves their curtains open, they are effectively "exposing" their activities to the public and therefore have no legal expectation of privacy. This ruling has been reaffirmed in subsequent cases including the 2002 case of California vs Greenwood, where the court held that "an individual has no reasonable expectation of privacy in matters that are voluntarily exposed to the public". Meaning If you want privacy inside your own home, it's important to protect it, such as closing your curtains and blinds
Great video. What about recordings that is considered protected activity under NRLA?
Home cameras 🎥 capture you talking in your kitchen or porch is this allowed?
Here's a question: If two Illinois residents work in Missouri for a company headquartered in Illinois, does the Illinois two party rule apply or only the Missouri one party rule? The possible recording would've taken place at work in Missouri.
Can a manager record the hallways to see who is at their desk ?
What if you record someone who is a food service employee because you want to prove that they were being rude or disrespectful?
I see stuff like this on TikTok and RUclips and I’m always like…that can’t be okay right? Especially since the food worker would repeatedly request for RUclipsr \/tiktoker to stop.
its USUALLY legal as that is the case in a majority of the country.
Good point. It’s usually illegal in Washington (where I practice).
What if you requested them not to record you while you were in private or having private conversations?
Great video 📷📸
What about a case where one party will not speak to you unless you consent to being recorded AND refuse to allow you to record them/the same conversion? One example I could think of is talking with customer service for your internet provider or car insurance.
How does this apply to state/federal employees? 18 U.S.C. 2511(2)(d)?
my friend was recirded by a clout chaser on tiktok , she was creating issues and then record so she will post it on tiktok
i told her if it was me ill sue her !!! but she told me she cant ? is it true !??
I have a question : Im planning on starting a Street Walking channel and I wanted to know if its ok for me to record people on the streets or in big cities with a body camera or a head strap GoPro? Thank you!
Depends on your country, if it is the US then yes, it is legal. ANY public place or open to the public or visible from the public can be recorded by anyone without consent.
Question my friend was in hospital she was out of it the nurse said you can record it for your family to hear it and she told her she had heart stress
Totally ok 👍🏼
In a Simple Assault case ( with a Counter Complaint ), the judge let the other party go to work, she then red the penalty should I be found guilty. I asked her what system of law is she using, she threatened to put a warrant after me & hold me in contempt. It was all virtual, I recorded her. Is it a crime the fact that I RecoRded her ?
Does one party consent apply to video recording? My boss used violence to intimidate me and I want to try to get video evidence of him admitting he did so
Can you record firefighters and paramedics working in public?
Can I record my Examination Under Oath in NC without consent?
what about recording prank videos in public (parks,streets,….(bushman pranks example),should you consent everyone? am from california
If it’s in public, consent isn’t required in WA. Not sure about CA.
Can i do a first amendment audit at the post office legally?
I want to also add this question if I walk into a doctor's office and they have 30 cameras on me is it OK for me to record them because they are already recording me?
Probably not. Ask for consent if you record just to be safe.
So if my neighbor is very loud in disturbing my sleep, can I record his loud voice from my own house? Also, can I record an invader in my house?
Illegal or not I would assume if you don't plan on using it in discovery it would at least be helpful to present to your attorney to get his/her thoughts
My mental health practioner illegally voice recorded me on zoom without my consent than texted a clip of me to group of people that he had no release of information with. He proceeded to deny it. What a POS! He was fired. I am vulnerable adult.
Hey crowder recorded the daily wire contract negotiation. Is that legal. I think its unfair to play statements someone made without knowing its recorded
I don’t know the details of that case.
I had a co-worker who went on maternity leave, other co-worker decided she was going to be especially nasty towards the rest of us. I was told to record everything that happens in the work space from friends and family in case she said some thing particularly nasty to me. They said I wasn't guaranteed to get any video. a workspace filled with a guarantee 4 people.
1) is this considered a public space where I can record people without it having any legal action?
2) can they actually withhold any video footage if I asked for it?
3) My brother says that if I'm ever caught recording any audio that they can't do much about it. But when they can do is prevent me from bring my phone or any other device into the workspace without any backlash.
I use discord to contact family to give me a ride to and from work. The only person with an actual phone other than myself is my father and they say I could use the work space phone to contact anyone to pick me up but in reality I wouldn't be able to contact a single soul if they decided to kick me out early as they do in the winter.
Employee who's usually being particularly nasty suddenly became buddy-buddy with everyone the second other employee came back from maternity leave making me very stressed in my own work environment. Both employees are managers.
Ignore them
People should be able to record BUT should NOT be able to invade personal space, like getting in someone's face with the camera
Florida is also a state that does not allow recording without consent. After listening to your video if an employer recently embarrassed and yelled at you in front of witnesses at work with false accusations, would recording a future meeting requested with the same employer, for fear of how they reacted last time be covered under your threatening clause?
I live in a two party consent state, Illinois:
1. I blocked my mother in law's phone number because she was calling my ring out loud house phone everyday, "forcing" her to use cellphones.
2. She became enraged and took it out on my wife.
3. My wife and I stopped having sex. I became upset.
4. My MIL heard I was becoming upset, so she told my wife to record me and use it in divorce court.
5. I was ejected for 1 year and now we're getting divorced.
What are my options?
Should I let my employer's lawyer record our meeting
Good advice BE VERY CAREFUL
Sturges
Why?? I live in North carolina. It's a one party consent state.
@@lmjames33 federal law over rides any state
@anonymous if I'm in North Carolina and I hit record on my phone to catch my supervisor saying some foul shit to me, that is 100% legal in my state.
@@lmjames33 federal law trumps either way thought that's just a fact
In state of NC its a felony to illegally someone or electroic comversation...
What if someone with a youtube channel records people in public and post their faces? Would that be illegal and they’d need consent? Since the RUclips channel will be making money off their likeness - even if it’s a public space. I’ve seen videos where faces are blurred because they didn’t consent and faces are shown, etc. due to consent or something like that. It’s so interesting
Its NC General Statue 15 A 287 its also a form of harassment
What does that means? Can I record without consent or the recording will be considered as harassment?
For those wondering if nyc is one party or two party consent it's one party consent.
Michigan is a “one party consent state” not a two party consent state
Is not giving your money back, because you can no longer do treatment, considered a threat? I mean it’s financially a threat, so why should it be any different from sexual harassment or harassment in general?
I'm from Washington state
What would this look like in a one party state?
So it getting Annoying that they have a recording. Telling you that you will be recorded. Without the option of saying no. Since it is a recording. But you have to have the service done. Or they will fine you X amount of money. say you are paying a bill. And if you tell them up front that you do not consent to being recorded they hang up on you. sometimes if I can get it in. I tell them they are refusing payment. Or I wait till all tranactions are done and at the end of the conversation I tell them that I did not agree to being Recorded and I said so to the recording at the time. Not sure when they start their recording. Not sure if that is Lawful? I hate when they force you into something. Sometimes they say ok, other times they say they have no control over the recording.
NO
thank god I live in texas... it's a one party consent state
So hypothetically of course if someone in a two party consent state recorded a phone conversation with someone in a one party consent state- what laws apply?
Or what if someone who was a resident of a two party consent state went over the border to a one-party consent state for that conversation and recorded it in that state? I assume then those state's laws apply. It's all very whacky.
Brief, can you record a judge who's breaking the law ?
This is likely a common occurrence at shitty workplaces, coworkers that record other employees in their office while not being present are breaking the law and they won’t be able to distribute the recordings without permission, but you can’t tell that to crazy or stupid employees/employers 👍
In many states, it’s illegal!
@@edhones how would you go about ‘catching’ people doing it especially if it’s the employer doing it?
When you record a person you have taken theyre visual properties sound and demeanor. I dont agree with recording anyone for those reasons. Its your person it is not to be taken for other purposes then the individuals.
Great job with having a 2 party consent, so if someone is been abused , and you record it for proof, and you report them, they can turn around and report you for recording without consent. It's to protect criminals!
Like stalking them at work and home for smoking
My work did this and with my boss for medical notes
Because they was told not to keep people medical info
Maybe that's why my doctor wouldn't give them a bite
They prosecuted someone for that yes
From what I heard anyway haven't seen them
What about racial slurs ?
That's free speech
Hey, Americans I have a great Idea( not really this is already a law in Poland) maybe let anyone film whatever they want, but make it illegal to publish it without their written or recorded consent. You can record something and show it to law (as defense or reporting a crime) officials, but never to anyone else privately or publicly
In public also ?
In public is usually ok
@@edhoneswhat if it's uploaded to RUclips and it makes money?
There is a few youtubers who have recorded our artists and made videos on them abusing there mental health and lying about them for views and have there face voice and video call they did not give consent to be recorded. RUclips has let them stay up when we showed it being a crime where these fake community and fake commentary channels owners live in. They doxed harassed and made death threats to our artists and much worse as well as Me as the owner of this company helping artists with disability and mental health. They think its funny and called abuse to mental health a meme and funny public on there posts and we have been looking for help over 8 years of this online abuse with no help or guide to find the next steps.
You are allowed to record police because they are public property not because they are in public
For example if they shop at target you can record your certain things or them
It's better at work to take a paper trail of the conduct or conversation
They charge for it all the time
For example a camera that downloads on your phone or doesn't
Most polices are hired for private property and not public property. If a police is hired for a private property, you cannot record the police. For example, if the police is hired for Target store, it is illegal for customers or anyone to record the police.
Too rude when recording the simple conversation. Crossing boundaries and disrespectful.
Talk to a lawyer
I am one
So you know it's illegal to record and possibly federal
@@coffeepeachesplans 2 party state maam
@@notanindianscammer7594 that's just an extra requirement not that it's legal either way think of it like if someone goes and records a kids park