6 ms·
The voice recordings at the drive thru without disclaimers of recording seem like maybe a two party state lawyer's wet dream? I guess they could argue shouting
by techjamie 1y ago
The voice recordings at the drive thru without disclaimers of recording seem like maybe a two party state lawyer's wet dream?
I guess they could argue shouting into a machine in public carries no expectation of privacy, but it seems like a liability to me.
- newhotelowner 1y agoDo you need 2 party consent for recording in a public space?
- techjamie 1y agoThat's what I'm getting at with the expectation of privacy part. Talking into a drive thru speaker isn't really a private activity since everyone around can kinda hear it, but it'd probably be better to disclaim it anyway since someone attempting to file on you for it still costs money.
- thimkerbell 1y agoIs there an easy effective way to tell a company not to ask its customers' phone numbers if someone parked nearby can overhear them?
- smcin 1y agoThey steer you towards ordering on the mobile app instead, which typically gives you a 4-6 digit confirmation code which you then use combined with your name, when you pick up. And/or your receipt in the app.
- ssl-3 1y agoStrolling down the sidewalk at a park with a friend and chatting with them isn't necessarily a private activity either: We're in a very public space. Anyone within earshot can hear whatever we're talking about. If the sounds of our conversation winds up being incidentally in the background of someone filming the squirrels the tree frogs or something, then there's probably nothing to be done about that. But (in some states), it seems that it would be a very different can of worms if I were to elect to deliberately record the conversation I have with my friend without their consent. Even in a public space, that would appear to run directly afoul of the applicable laws.
- unyttigfjelltol 1y agoYou don’t get to secretly record voices in public spaces.
- newhotelowner 1y agoYes, You can in America. Video recording is permitted without consent in the public places. Example CCTVs.
- LadyCailin 1y agoApparently the system was global, and BK has locations in GDPR countries.
- unyttigfjelltol 1y agoFunny, whenever they show the CCTV footage it doesn't seem to have any sound.... Secretly recording voices is a felony is many places in 'merica.
- nerdsniper 1y agoPlease stop spreading misinformation . There are so many court cases about this. A quick google will give you dozens you can read. Legally there is no “reasonable expectation of privacy” in public spaces and the only limit on that are extreme telephoto lenses looking from public spaces into private spaces. Edit: Another commenter has made me aware that some states do ban non-consensual audio recordings in public: https://www.dmlp.org/legal-guide/massachusetts-recording-law https://www.dmlp.org/legal-guide/massachusetts-recording-law The laws prohibiting these recordings have neither been upheld nor overturned by the US Supreme Court.
- unyttigfjelltol 1y agoUnfortunately, you are not correct.[1] Recording police in a public place-- sure. Otherwise, eh, at best you're over-extrapolating (and ungenerously!) from your local circumstance. [1] https://www.dmlp.org/legal-guide/massachusetts-recording-law https://www.dmlp.org/legal-guide/massachusetts-recording-law
- nerdsniper 1y agoEdit: Another commenter has made me aware that some states do ban non-consensual audio recordings in public: https://www.dmlp.org/legal-guide/massachusetts-recording-law https://www.dmlp.org/legal-guide/massachusetts-recording-law The laws prohibiting these recordings have neither been upheld nor overturned by the US Supreme Court.
- wordglyph 1y agoI think the real issue in this case is if they are marrying your voice data (personal preferences) to you. They get your name when you pay with credit card. And they get your license plate. And now with AI are they selling this married information?
- flimflamm 1y agoDepends on the country. In Finland, it's ok to record your own discussions. Whether the recorder is BK (a third party) or the cashier is an interesting question, though.
- nerdsniper 1y agoThere’s no liability or exposure for recording non-consensually. It’s a public space. There’s not even an edge case. If a random member if the public could walk into the drive-thru (which they can) then anything can be recorded without notification or consent. Edit: Another commenter has made me aware that some states do ban non-consensual audio recordings in public: https://www.dmlp.org/legal-guide/massachusetts-recording-law https://www.dmlp.org/legal-guide/massachusetts-recording-law The laws prohibiting these recordings have neither been upheld nor overturned by the US Supreme Court.
- exegete 1y agoA restaurant drive thru is private property open to the public. I think there may be a legal difference there.
- nerdsniper 1y agoThere's generally not been held to be any difference for the purposes of expectation of privacy. If it's open to the public, the expectation is that anyone could overhear you.
- mixdup 1y ago>There’s no liability or exposure for recording non-consensually. It’s a public space. That is not how wiretapping laws work in every state.
- flimflamm 1y agoCreating a database of recordings without user being able to know/influence is clearly violation of GDPR IF there is PII. That's going to be costly for BK.
- nerdsniper 1y agoGDPR only exists in Europe. Are they doing this there too?