DrBoost
DrBoost MegaDork
12/24/20 12:14 p.m.

I know the answers here aren't legally binding, but just putting the feelers out.  
My drone business has expanded a little bit to include a service that involves me entering people's houses. I have been wearing a chest-mounted Go Pro that I have recording the entire time I'm in the owner's property. 
Nearest you can tell, does this bring up issues with privacy?
My reason for recording this is, if an owner were to ever say that I stole or damaged something I'd have a record of my visit to rely on. 

What do you think?

Datsun310Guy
Datsun310Guy MegaDork
12/24/20 12:21 p.m.

I am of no legal help but I think this is a great idea. Of course, they can still say somebody behind you stole something.  

Keith Tanner
Keith Tanner GRM+ Memberand MegaDork
12/24/20 12:37 p.m.

I would think the fact that you were invited in would be a factor here.

codrus (Forum Supporter)
codrus (Forum Supporter) GRM+ Memberand UberDork
12/24/20 12:38 p.m.

There are lots of state-specific laws about the legality of video and audio recordings, I think you need to talk to a real attorney about this.

Random thoughts:  are you alone, or does this also capture conversations that you have with people?  Some states don't allow audio recordings to be made unless both parties consent, some only require one party's consent.

 

 

Tom_Spangler (Forum Supporter)
Tom_Spangler (Forum Supporter) GRM+ Memberand PowerDork
12/24/20 12:39 p.m.

Also not a legal expert, but I'd be sure to mention that you're recording everything to them before they enter the house. I think having them consent to being recorded gives you some coverage, too.

Error404
Error404 Reader
12/24/20 12:53 p.m.

As has been said I am in no way, shape, or form a legal expert. I barrack's lawyered bit back in the day but that just got me in trouble. Get signed consent to video, or an up-front disclaimer stating that video recording from your person is opt-out. Also, to the exclusion of anything I have said, talk to an actual lawyer since this has the potential to get you in/out of actual legal trouble. Disclaimers and signatures can do a lot but the law is tricky thing if you're not rich enough to be above it.

Robbie (Forum Supporter)
Robbie (Forum Supporter) MegaDork
12/24/20 1:50 p.m.

My opinion about legality and lawyers is that if it gets to that point, it's already a disaster for everyone involved. Also if it gets to that point, no amount of pre-protection like waivers or signed document or whatever is a guarantee.

Best to be up-front, honest, not a dick, and don't worry too much past that.

Tell them you are going to record, record, and don't worry. 

914Driver
914Driver MegaDork
12/24/20 2:05 p.m.

Did you explain to the homeowner what your intentions were?  Technology fast - Laws slow.

If they balk, is a video walk through OK?

Have you guessed, I'm not a lawyer either.

Curtis73 (Forum Supporter)
Curtis73 (Forum Supporter) GRM+ Memberand MegaDork
12/24/20 3:06 p.m.

I'm not a lawyer, but I did stay at a Holiday Inn Express last night.

Here's the only tidbit I learned when we had a security system put in a house about 10 years ago that included video surveillance (paranoid ex wife).  As it was described to me, it must be disclosed and there are specific rules about consent.  We had to post signs in the form of stickers on the window, and there was a "24 hour video" line on the yard sign.

I think there are laws that say you have to inform them.  As far as consent is concerned, I don't know if they have to agree or not, nor do I know if it has to be written or verbal/on the video.

I'm probably violating some law somewhere because I have Wyze cameras in my house to keep an eye on the dog while I'm away but I don't have any signs.  I also thought it might be helpful to watch packages on the porch.  If I understand the rules correctly, if I record someone stealing my package I can submit it to the police for them to help find the person, but the video couldn't be used as evidence in any court proceedings because the thief didn't give consent to be recorded.

That's all I know, it's anecdotal, and I'm a tech director, not a lawyer.

 

John Welsh
John Welsh Mod Squad
12/24/20 3:16 p.m.

In reply to DrBoost :

I think you are hoping the recording of self will prove your innocence. The burden however will be for them to prove your guilt. 

As others have said, I'd charge/get concent for recording and then record. Record both things that benefit them but also without further discussion, record things that benefit you. A broad stoke of "permission to record."

No, this does not mean that you also record items in underwear draws and yourself wearing the items.  Common sense will be required. 

Steve_Jones
Steve_Jones HalfDork
12/24/20 4:28 p.m.
Curtis73 (Forum Supporter) said:

I'm not a lawyer, but I did stay at a Holiday Inn Express last night

Great, off to quarantine you go :)

DrBoost
DrBoost MegaDork
12/24/20 4:39 p.m.

To answer a few questions that came up. 
some times I'm alone, others I have an assistant with me. 
I'm there to do home inspections, this inspection includes a few points in the home. The owner can be, and sometimes is, with me the while time. 
Nobody will see the video unless there is some accusation or other reason to cover me butt. 
 

sounds like when I introduce myself to the homeowner I will say, while recording, that I am recording, and ask for consent.  Here's the kicker. If they say no, then what. The company that is contracting me is not asking that I record. So if the customer says no, I either leave, and maybe not get paid, or continue on without the video. 
 

I'm sure I'm over thinking this lol. 

Curtis73 (Forum Supporter)
Curtis73 (Forum Supporter) GRM+ Memberand MegaDork
12/24/20 4:55 p.m.

Bob Villa did this for years and he didn't go to jail.

(that's not legal advice)

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