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Recording People in Public Areas of a Retail Store

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  • 04-05-2015, 06:02 PM
    nca
    Recording People in Public Areas of a Retail Store
    My question involves civil rights in the State of: New Jersey

    I'm wondering if it's legal to record a conversation with a person, who is shopping in a retail store, without that person's permission (whereas the other party knew). The camera was not hidden in any way. This recording was done in the aisles (what I would certainly find to be a public area of the store), and based on preliminary web searching, seems to be strictly legal.

    I understand that this is private property so the owner can ask me to stop recording/leave, and then I can face trespassing charges if I don't comply, but what about the legality of just recording?

    Finally, I understand that legality and acceptability/decent human behavior are two separate issues.

    Thanks.
  • 04-05-2015, 06:19 PM
    Taxing Matters
    Re: Recording People in Public Area of Retail Store
    Quote:

    Quoting nca
    View Post
    My question involves civil rights in the State of: New Jersey

    I'm wondering if it's legal to record a conversation with a person, who is shopping in a retail store, without that person's permission (whereas the other party knew). The camera was not hidden in any way. This recording was done in the aisles (what I would certainly find to be a public area of the store), and based on preliminary web searching, seems to be strictly legal.

    Thanks.

    In general, wiretap statutes come in one of two basic types: one party consent laws and all party consent laws. Under a one party consent law, if the person recording is either a participant in the conversation or has the consent of at least one party to the conversation, then the recording will not violate the wiretap law. Both federal law and NJ law have one party consent statutes. Some states, however, require that all parties to a conversation must consent to the recording in order to avoid violating the wiretap laws.

    Exceptions to the wire tap laws are usually made for recording things that are not private (e.g. recording a city council meeting open to the public, speeches at a public rally, etc.) or where it is obvious that the recording is taking place. Also, of course, law enforcement may record without the consent of any party if the officers have obtained the necessary warrant.
  • 04-06-2015, 05:08 AM
    flyingron
    Re: Recording People in Public Area of Retail Store
    Both the FEDERAL and NJ statutes cover oral and wire communications. Unless the person is TALKING it the store, this wouldn't meet the definition of either. Filming someone shopping is not "conversation" in the statute. Further, the statute on oral communication limits it to communication that there would be an expectation that it was free of intercept. Walking around a store with cameras visible wouldn't seem to meet that definition either.
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