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DashCam Rules in 50 US States and Consent Rules

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UberBlackenedZ
32
 Posted 7 months, 1 week ago

I ran into this while researching whether I need to warn the passengers that they are being recorded. 

The rules around wiretapping and eavesdropping as well as receiving "consent" are pretty complex, but apparently they are different in every state. This 

https://www.mwl-law.com/wp-content/uploads/2013/03/LAWS-ON-RECORDING-CONVERSATIONS-CHART.pdf

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    SuperSrirachaSauce
    16 Rider
     7 months ago

    For those of you who are looking for the definition of consent: (From the same article)

    "What constitutes “consent” is also an issue of contention when you are considering recording a conversation. In some states, “consent” is given if the parties to the call are clearly notified that the conversation will be recorded, and they engage in the conversation anyway. Their consent is implied. For example, we have all experienced calling a customer service department only to hear a recorded voice warning, “This call may be recorded for quality assurance or training purposes.” It is usually a good practice for practitioners to let the witness know they are recording the conversation to accurately recall and commemorate the testimony being given – such as during the taking of a witness’ statement."

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      LG-PA
      796 Driver
       7 months ago

      We had a thread in this subject on this forum a few months back. It has to do with whether passenger can expect privacy while in our cars similar to levels they would expect in bedrooms of their home, answer to that is no.

      most states require only singlenoarty consent

      12 I think need two party, by virtue of passenger engaging in conversation with driver though in those few states consent is assumed, so I think there is no neee for mentioning about recording to passengers. If you are in public bus they have cameras in use too

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      SteffGart24
      115 Driver
       7 months ago

      Ah, so we are cool, right

      In some states, “consent” is given if the parties to the call are clearly notified that the conversation will be recorded, and they engage in the conversation anyway. Their consent is implied. 

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    BGraft89
    609 Rider Driver
     7 months ago

    Ummm...thank you. I was excited to open it at first, but then for everything it basically says I need consent from all parties.

    So naturally, I have to know what constitutes a "consent." It actually makes me wonder 

    Here's what it says for me: "The recording, interception, use or disclosure of any conversation, whether in person or via wire or telephone, without the consent of all the parties is prohibited. However, telephone equipment, which is furnished to a phone company subscriber and used in the ordinary course of business, as well as office intercommunication systems used in the ordinary course of business, is excluded from the definition of unlawful interception devices."

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      ErasDrivingCo
      81 Driver
       7 months ago

      If I need consent, even a sign or making the camera viewable won't help me then, right...

      Oh, jeez. I wish I hadn't seen this. 

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        SteffGart24
        115 Driver
         7 months ago

        Under the section on "Consent", it says

        "In some states, “consent” is given if the parties to the call are clearly notified that the conversation will be recorded, and they engage in the conversation anyway. Their consent is implied."