We get asked this question a lot at LegalRideshare and this is how we break it down.
First, we always have to consider, "is a Uber or Lyft a private situation?" We often lean on the side of "no, it's not." It's comparable to taking public transportation like a bus in a major city. We always tell passengers, "if you wouldn't go outside and scream something absurd, I wouldn't say it in an Uber".
The issue lies on the fact that passengers aren't always aware of the laws (or lack thereof) and are looking for their rights to be protected.
So how do you protect yourself?
We always recommend getting a sticker for the back window of your car, acknowledging there's a dashcam (we have these stickers, so please reach out and we'll mail them to you). In states like Illinois, which is two-party consent, this really covers any issue that may arise. It's also important to let riders know this is for their benefit as well, in case of an accident or assault.
When does it go too far?
A few months ago a driver was livestreaming his passengers on twitch. This is not only a breach of trust, but a guaranteed deactivation. Recording passengers in case of an accident is one thing. Using them for a reality TV show is another.
You can check out our interview with ABC News where we go into more details about recording passengers.