3 ms·

Just a side note: Recording people without their consent might be illegal in certain places.

by atoav 3y ago

ghaff 3y ago
In general in the US, video recordings in a public place are legal. (Audio is a bit more complicated depending on local law ADDED but in public it should generally be OK.)
froddd 3y ago
Genuine question: is it the act of recording that is illegal or is it the publishing of recorded material where this applies?
- ghaff 3y ago
  In the US, it probably doesn’t matter in general. My understanding is at least some countries in Europe have restrictions about posting photos (and presumably video) without the subject’s permission. Something that is of course ignored probably 100s of thousands of times per day.
  - orwin 3y ago
    In France, if you post a image of a minor (less than 18) without express permission, you're in a world of trouble. It's automatic win in a lawsuit, no mater how justified you think you are.
    - ghaff 3y ago
      I wonder how many iconic photographs including by the likes of Henri-Cartier Bresson would fail that test. I assume there also have to be carveouts for newspaper/magazine editorial.
- atoav 3y ago
  At least in Germany this is about the act of recording and the act of publishing. But in reality if you are not publishing, most recordings will never be noticed by the people on the pictures. Also there are limitations, e.g. implicit consent or "panoramic freedom" (when the people on the picture are not recognizable).
- the_gipsy 3y ago
  Depends on country and the exact types of "record" and "publish".
_cenw 3y ago
And even if it's not, a cop will claim it is. It's long been settled that recording police in Germany is totally fine, but they keep claiming that once you have an audio track, it's recording "the spoken private word" which has special protection. Doesn't matter they're there in an official capacity, and also doesn't matter if you don't record audio. They'll just assume you are. Even the press get targeted. https://www.mappingmediafreedom.org/2020/10/02/reportit-police-violence-against-press/ https://www.mappingmediafreedom.org/2020/10/02/reportit-poli...
- ghaff 3y ago
  Even in the US, my understanding with respect to audio specifically is that there are one party consent locales and two party consent locales. So audio can actually be more restrictive than video. ADDED: And it looks like there’s no out of the box way with the default iPhone camera app to record video without audio.
  - rainbowzootsuit 3y ago
    US Federal is 1-party and some states are 2-party. This is why you get the "this phone call may be recorded for quality assurance" notifications—because you have now been informed as the second party. But the above is for private conversations. If the interaction is in a public area, then there isn't an expectation of privacy, so the number of parties informed is moot, but this has been the subject of legal disputes notably when it comes to police being recorded. If anything it would seem like government representatives would have less expectations of privacy when conducting official business, but it's been argued.
- sjfjsjdjwvwvc 3y ago
  They keep claiming it because they don’t want to be recorded. It’s still legal to do it. Police are allowed to lie to you after all.
  - _cenw 3y ago
    Well, obviously. But it is very rare that you will get your theoretical rights when your legal opponent is a cop. One of the cases linked in the article literally had a camera running when a cop assaulted them[1], and yet they got charged for assult and resisting arrest first, dragged through court for a year while the prosecutors office refused to prosecute the police offer due to "lack of public interest, slim chance of guilty verdict and low degree of guilt". They look out for each other. [1]: https://www.youtube.com/watch?v=IQcmgkWXa9A#t=1m40s https://www.youtube.com/watch?v=IQcmgkWXa9A#t=1m40s
logtempo 3y ago
Depend of the country, but public places can be filmed without consent, except if it record a specific person.
Ferret7446 3y ago
I've always wondered, if you start recording to capture evidence of some crime against you, can you not submit that as evidence to defend yourself in court?
- atoav 3y ago
  I'd probably live with the risk then.
porkbeer 3y ago
About half the states in the usa the act Audio recording is privliged.

Just a side note: Recording people without their consent might be illegal in certain places.

by atoav 3y ago

Just a side note: Recording people without their consent might be illegal in certain places.

In general in the US, video recordings in a public place are legal. (Audio is a bit more complicated depending on local law ADDED but in public it should generally be OK.)

froddd 3y ago

Genuine question: is it the act of recording that is illegal or is it the publishing of recorded material where this applies?

ghaff 3y ago
In the US, it probably doesn’t matter in general. My understanding is at least some countries in Europe have restrictions about posting photos (and presumably video) without the subject’s permission. Something that is of course ignored probably 100s of thousands of times per day.
- orwin 3y ago
  In France, if you post a image of a minor (less than 18) without express permission, you're in a world of trouble. It's automatic win in a lawsuit, no mater how justified you think you are.
  - ghaff 3y ago
    I wonder how many iconic photographs including by the likes of Henri-Cartier Bresson would fail that test. I assume there also have to be carveouts for newspaper/magazine editorial.
atoav 3y ago
At least in Germany this is about the act of recording and the act of publishing. But in reality if you are not publishing, most recordings will never be noticed by the people on the pictures. Also there are limitations, e.g. implicit consent or "panoramic freedom" (when the people on the picture are not recognizable).
the_gipsy 3y ago
Depends on country and the exact types of "record" and "publish".

_cenw 3y ago

And even if it's not, a cop will claim it is. It's long been settled that recording police in Germany is totally fine, but they keep claiming that once you have an audio track, it's recording "the spoken private word" which has special protection. Doesn't matter they're there in an official capacity, and also doesn't matter if you don't record audio. They'll just assume you are. Even the press get targeted. https://www.mappingmediafreedom.org/2020/10/02/reportit-police-violence-against-press/ https://www.mappingmediafreedom.org/2020/10/02/reportit-poli...

ghaff 3y ago
Even in the US, my understanding with respect to audio specifically is that there are one party consent locales and two party consent locales. So audio can actually be more restrictive than video. ADDED: And it looks like there’s no out of the box way with the default iPhone camera app to record video without audio.
- rainbowzootsuit 3y ago
  US Federal is 1-party and some states are 2-party. This is why you get the "this phone call may be recorded for quality assurance" notifications—because you have now been informed as the second party. But the above is for private conversations. If the interaction is in a public area, then there isn't an expectation of privacy, so the number of parties informed is moot, but this has been the subject of legal disputes notably when it comes to police being recorded. If anything it would seem like government representatives would have less expectations of privacy when conducting official business, but it's been argued.
sjfjsjdjwvwvc 3y ago
They keep claiming it because they don’t want to be recorded. It’s still legal to do it. Police are allowed to lie to you after all.
- _cenw 3y ago
  Well, obviously. But it is very rare that you will get your theoretical rights when your legal opponent is a cop. One of the cases linked in the article literally had a camera running when a cop assaulted them[1], and yet they got charged for assult and resisting arrest first, dragged through court for a year while the prosecutors office refused to prosecute the police offer due to "lack of public interest, slim chance of guilty verdict and low degree of guilt". They look out for each other. [1]: https://www.youtube.com/watch?v=IQcmgkWXa9A#t=1m40s https://www.youtube.com/watch?v=IQcmgkWXa9A#t=1m40s

logtempo 3y ago

Depend of the country, but public places can be filmed without consent, except if it record a specific person.

Ferret7446 3y ago

I've always wondered, if you start recording to capture evidence of some crime against you, can you not submit that as evidence to defend yourself in court?

atoav 3y ago
I'd probably live with the risk then.

porkbeer 3y ago

About half the states in the usa the act Audio recording is privliged.