4 ms·

Do you need 2 party consent for recording in a public space?

techjamie 1y ago
That'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 ago
  Is 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 ago
    They 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 ago
  Strolling 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 ago
You don’t get to secretly record voices in public spaces.
- newhotelowner 1y ago
  Yes, You can in America. Video recording is permitted without consent in the public places. Example CCTVs.
  - LadyCailin 1y ago
    Apparently the system was global, and BK has locations in GDPR countries.
  - unyttigfjelltol 1y ago
    Funny, 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 ago
      Please 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 ago
        Unfortunately, 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 ago
nerdsniper 1y ago
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.
- wordglyph 1y ago
  I 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 ago
Depends 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.

That'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 ago
Is 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 ago
  They 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 ago
Strolling 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 ago

You don’t get to secretly record voices in public spaces.

newhotelowner 1y ago
Yes, You can in America. Video recording is permitted without consent in the public places. Example CCTVs.
- LadyCailin 1y ago
  Apparently the system was global, and BK has locations in GDPR countries.
- unyttigfjelltol 1y ago
  Funny, 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 ago
    Please 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 ago
      Unfortunately, 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 ago

nerdsniper 1y ago

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.

wordglyph 1y ago
I 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 ago

Depends 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.