Do I need to disclose to passengers/police that I am recording audio?

jordanspringer

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I just installed a dash cam in my vehicle. It is currently set to record audio. I live in New Brunswick, Canada. If a passenger gets in my vehicle, do I need to legally inform them that my camera is recording audio? Also, if I get pulled over, do I have to inform police that my camera is recording audio?

Thanks
 
"It is illegal for a third party to record or intercept a private conversation without the consent of anyone involved. Police say this charge could cover anything from a phone call to an in-person conversation".

The above is an excerpt from today's Toronto Star which concerned the owners of a Oshawa Restaurant being charged after a hidden camera was discovered hidden in the restroom.
 
Every time I ring up a business such as bank or insurance etc, I get an automated "this call may be recorded for training purposes"

If it's OK for them to say this, simply put a few stickers on the windows saying the same thing "audio is being recorded for training purposes".
A simple labelling machine ( http://www.maplin.co.uk/p/brother-pt90-handheld-label-printer-n55ct ) will do the job nicely.
 
I've just researched this for California. Here, Vehicle Code Section 26708 specifically mentions dash cams, although it seems to be more geared to commercial uses, than private. It does say you must post a sign saying conversations may be recorded. It is not clear if you have the microphone turned off if that's necessary. That being said, as a former police officer, I can tell you it is highly unlikely you will ever be cited for that unless 1) the officer were extremely well-versed in the VC and 2) you were remarkably obnoxious to the officer when you were stopped.
On another note, California only allows placement of the devices in a 5" square in the lower left corner of the windshield, a 7" square in the lower right, or a 5" square in the top-center of the windshield. The last location is the ideal place, but is often covered with that black sun screening material, prohibiting placement there.
In the U.S., most states follow a model uniform vehicle code and are likely to have the same or very similar regulations. Other countries will be different, but you can probably search for your local vehicle code to be sure.
 
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In my state, it is illegal to attach anything to your windshield although a small area on the lower right corner is permitted. The fine is listed as $156.00. On the other hand, this law was written before the advent of GPS mounts and antennas, toll transponders, satellite radios, cell phone mounts and dash cams. After several years of using dash cams and a year or more of speaking with people who have devices and seeing many, many other vehicles with such devices attached to their windshields, even right in the middle of the windscreen ostensibly blocking the view of the road it seems that this law is not being enforced at all.

As for recording, many states go by the "Reasonable Expectation of Privacy" standard. Inside an enclosed vehicle a person would likely have a reasonable expectation of privacy regarding having their conversation recorded without their consent. The same applies to visiting someone in a private dwelling. So, under these laws, if you are sitting in a closed vehicle in a crowded parking lot at a shopping center you would need a notification sign or a verbal statement that you are recording or planning to record but as soon as you step outside your vehicle into the "public arena" or enter a crowded store you are free to record any conversation you want.

As for being cited for any recording infractions, I think it depends on what you do with the recording, who you've recorded and why and what the stakes are.
 
have to feel sorry for the police having to deal with idiots like that

Agree, a total idiot out looking for trouble and he found it. :D
 
I'm in California, where if I understand the law correctly, you cannot record audio without both parties' consent. Of course, that invites LOTs of grey situations, which provides much-needed revenue for attorneys to argue over.
 
Circumstances will vary, but I generally wouldn't divulge that I have video or audio recordings until AFTER I had verified whether I had video or audio or both. Afterall, cameras, batteries, cards, etc. do fail.

It would be extremely awkward to divulge upfront that I had any video or audio, and then have to backtrack if it turned out that something had failed. (Perhaps I had even forgotten to turn it on!)
 
Circumstances will vary, but I generally wouldn't divulge that I have video or audio recordings until AFTER I had verified whether I had video or audio or both. Afterall, cameras, batteries, cards, etc. do fail.

It would be extremely awkward to divulge upfront that I had any video or audio, and then have to backtrack if it turned out that something had failed. (Perhaps I had even forgotten to turn it on!)

yeah you wouldn't want to announce it then get accused of evidence tampering or that you were trying to hide something when you couldn't produce the promised footage
 
Laws vary state to state based on expectation of privacy and other factors...but common courtesy should prevail with you when it comes to passengers. I turn my audio off when I have passengers. You could just point out your fancy camera and mention it records great video and audio....if it's a two party consent state...requirement is met when the don't get out...unless your doing 50mph...then you should at least slow down to about 30mph to let them out...tuck and roll.
 
With some folks I know, I'd think it more appropriate to speed up when I tell them they're being recorded and can hop out if they don't like that :D

Some laws are based on intent or use and others are less open to interpretation. While I like the concept of States and their political subdivisions being able to make laws to match their people's needs and wishes, this does make it very hard to stay legal unless you research the applicable laws for every jurisdiction you go into. Personally I think road and car related laws would be better if codified nationally with no jurisdictional exceptions made.

I've given my full thoughts on this elsewhere, but suffice it to say here that I think your cam should record only video with a time-stamp. If you wish to record audio do that separately (so long as it's legal). This will prevent you cam's footage from being excluded as evidence should the worst happen to you wherever you are in the US.

Phil
 
Well said with good points made Phil.
 
All the different jurisdictions can be confusing--whether it is across the USA or EU or someone in some official public servant capacity violating their oath by inventing law enforcement" rather than enforcing the law and ensuring that rights are not violated.

I would expect most encounters to be cordial, respectful, and helpful.

Not that it's necessarily common (I have no data, but theoretically) someone in some law enforcement capacity might resort to using intimidation tactics to get you to surrender your camera and not telling you that the surrender is "voluntary" or not answering your question if the surrender is voluntary.

What if, for example, you surrendered your camera or recording (voluntarily or not), and it was subsequently reported that the recording was blank. You don't really know whether your equipment had failed, or if the card was accidentally or deliberately mixed up with some other card, or if someone had deliberately or accidentally deleted the recording or perhaps someone unwittingly moved rather than copied your files, for example. Speculation is endless!

No one on either side wants to be falsely accused of evidence tampering.

It would be good practice to ask any encounter with law enforcement if they are audio and video recording the discussion with you. It's good for both parties to be aware to maintain the sanctity of public trust. Any law enforcement official should be willing to provide you with their business contact card.

Also, perhaps it might be a good idea to mark your cards with some indelible ink so that you can positively identify your memory card?
 
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