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Did you know having audio on your surveillance cameras is illegal?

Posted on 10/25/15 at 11:55 am
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 10/25/15 at 11:55 am
At least at stores and restaurants. Recording audio of a conversation that you are not a party to without their consent is illegal.

quote:

A person cannot overhear or tape a private conversation to which that person is not openly present and participating or listening, unless consent to record is given by at least one of the parties to the conversation. La. Rev. Stat. Ann. § 15:1303.


So, keep that in mind, OT business owners..
Posted by HoustonGumbeauxGuy
Member since Jul 2011
33754 posts
Posted on 10/25/15 at 11:56 am to
So you're saying my case for solicitation for prostitution in that hotel bar will be dismissed?

I wasn't aware I was being recorded.
Posted by BRgetthenet
Member since Oct 2011
118273 posts
Posted on 10/25/15 at 11:57 am to
You can record it if you are part of the conversation.

Posted by Napoleon
Kenna
Member since Dec 2007
74908 posts
Posted on 10/25/15 at 11:58 am to
quote:

without their consent is illegal


what if you put up a sign that said video and audio recording in use at this business? I know I have seen that before at jewelers.

Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 10/25/15 at 11:59 am to
quote:

You can record it if you are part of the conversation.



Right, but discussions between two patrons would be protected.
Posted by Me4Heisman
Landmass
Member since Aug 2004
5514 posts
Posted on 10/25/15 at 12:01 pm to
Imo, there's no reasonable expectation of privacy in a conversation that can be overheard by a security camera.
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
73855 posts
Posted on 10/25/15 at 12:01 pm to
But... Alan Font's Candid Camera!
Posted by fisherbm1112
Baton Rouge
Member since Jan 2010
6573 posts
Posted on 10/25/15 at 12:04 pm to
So basically having a sign on the door that no one will look at would be consent right?
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 10/25/15 at 12:04 pm to
quote:

Imo, there's no reasonable expectation of privacy in a conversation that can be overheard by a security camera.



I just cited you the state law. Note that recently a person was arrested for recording a conversation that took place in a coffee shop.

Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 10/25/15 at 12:06 pm to
quote:

So basically having a sign on the door that no one will look at would be consent right?



Just as well as putting a sign on your door that says women who enter consent to secks with the owner. Its not rape. See the sign?
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 10/25/15 at 12:07 pm to
quote:

So basically having a sign on the door that no one will look at would be consent right?



If it is plainly visible....I don't see how you would have the presumption of privacy.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 10/25/15 at 12:09 pm to
quote:

Just as well as putting a sign on your door that says women who enter consent to secks with the owner. Its not rape. See the sign?


That's apples to oranges and is a silly analogy.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59454 posts
Posted on 10/25/15 at 12:12 pm to
Thanks?
Posted by stout
Porte du Lafitte
Member since Sep 2006
184684 posts
Posted on 10/25/15 at 12:16 pm to
quote:

I just cited you the state law. Note that recently a person was arrested for recording a conversation that took place in a coffee shop.




The difference is...


quote:

A person cannot overhear or tape a private conversation to which that person is not openly present and participating or listening, unless consent to record is given by at least one of the parties to the conversation. La. Rev. Stat. Ann. § 15:1303.


Seems like a fine line. He was present and it wasn't just a stand alone camera recording.
This post was edited on 10/25/15 at 12:17 pm
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 10/25/15 at 12:22 pm to
The catch is:

quote:

A person cannot overhear or tape a private conversation to which that person is not openly present and participating or listening


So there has to be a presumption of privacy. If it is a public or private place in which there are signs warning that audio recording is taking place then there is no presumption of privacy.

At least that is my understanding.
Posted by Twenty 49
Shreveport
Member since Jun 2014
21536 posts
Posted on 10/25/15 at 12:23 pm to
Even for hidden bathroom cams?
Posted by stout
Porte du Lafitte
Member since Sep 2006
184684 posts
Posted on 10/25/15 at 12:25 pm to
quote:

Just as well as putting a sign on your door that says women who enter consent to secks with the owner. Its not rape. See the sign?




You're dumb
Posted by cattus
Member since Jan 2009
16084 posts
Posted on 10/25/15 at 12:26 pm to
Curious side question

Can a business owner video tape its own employees without them knowing it legally?
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 10/25/15 at 12:29 pm to
quote:


You're dumb if you think posting a sign on your door automatically exempts you from state laws.


FIFY
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 10/25/15 at 12:38 pm to
quote:

Can a business owner video tape its own employees without them knowing it legally?


yes.
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