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Can You Record Video and Audio of Passengers in a Vehicle

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  • 12-07-2014, 08:46 PM
    eastown
    Can You Record Video and Audio of Passengers in a Vehicle
    My question involves civil rights in the State of: Michigan

    If someone is a private driver for a company are they allowed to instal a video and audio recording device in their personal and privately owned vehicle? The recording would only be used if there was an incident inside the vehicle. If so, are you required by law to inform the passenger(s) that there is a device in the vehicle?
  • 12-07-2014, 11:10 PM
    cdwjava
    Re: Video Recording
    You are a "private driver" employed by a company but using your own car??? Are you a pizza delivery driver? A courier? Or, something else? And since you are talking about recording people it is clear you are transporting people ... so, are you a cab? A limo driver? What?

    Depending on the nature of your employment and the contract you have with your employer, you may or may not be permitted to record conversations inside the vehicle while you are on their dime. And if you are not a party to the conversation, you place yourself at even greater legal peril.

    Here is the law:

    http://legislature.mi.gov/doc.aspx?mcl-750-539c

    http://legislature.mi.gov/doc.aspx?mcl-750-539d

    If you intend to record people I'd tell them and post warnings inside the vehicle so they can't argue they did not know.
  • 12-08-2014, 06:25 AM
    Yesme
    Re: Video Recording
    The laws quoted above apply to a private place that is not your own.

    In public you have no expectation of privacy.

    In your personal, private property you can do what you like.

    I would however post signs stating that re or ding might take place. Also if someone is wanting to talk privately in your car to you then you might need their permission to record.
  • 12-08-2014, 06:28 AM
    cdwjava
    Re: Video Recording
    Quote:

    Quoting Yesme
    View Post
    The laws quoted above apply to a private place that is not your own.

    In public you have no expectation of privacy.

    In your personal, private property you can do what you like.

    I would however post signs stating that re or ding might take place. Also if someone is wanting to talk privately in your car to you then you might need their permission to record.

    The car for hire - contracted by another employer - may not be, strictly speaking, a "private" place, and there may well BE an expectation of privacy in the back ... that the OP seems to want to intrude upon. This is not like it is his home.
  • 12-08-2014, 09:21 AM
    Mr. Knowitall
    Re: Video Recording
    Quote:

    Quoting eastown
    View Post
    If someone is a private driver for a company are they allowed to instal a video and audio recording device in their personal and privately owned vehicle?

    You can install whatever you want in your own vehicle. Your employer, however, can impose restrictions on the vehicle you use when providing services for them, and can terminate your contract if they don't want you to record video or audio and you install equipment or refuse to remove your equipment.
    Quote:

    Quoting eastown
    If so, are you required by law to inform the passenger(s) that there is a device in the vehicle?

    If you record audio of conversations to which you are not a party, under Michigan law that is a felony. If you want to avoid that possibility, obviously you would want your passengers to know that you are making an audio recording of everything that they say in the vehicle.
    Quote:

    Quoting Yesme
    View Post
    The laws quoted above apply to a private place that is not your own.

    Wrong.
    Quote:

    Quoting Yesme
    In public you have no expectation of privacy.

    Wrong.
    Quote:

    Quoting Yesme
    In your personal, private property you can do what you like.

    Wrong.
    Quote:

    Quoting cdwjava
    View Post
    The car for hire - contracted by another employer - may not be, strictly speaking, a "private" place, and there may well BE an expectation of privacy in the back ... that the OP seems to want to intrude upon. This is not like it is his home.

    The question under the eavesdropping statute is whether the recorded person is engaged in a private conversation. If two passengers are discussing something between themselves, or a passenger is talking to somebody on their phone, a driver would not ordinarily have any right to record that conversation.
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