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Recording Audio Through Your Camera System

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  • Recording Audio Through Your Camera System

    I'm asking this question specifically in the Oregon forum because I know the answer would be different depending on the state. Have any of you had any negative experience or have been told by legal council to turn off your microphones on your cameras? This is a very touchy area and I'm curious of your experience. If you do record audio do you post it and have it in your contracts that you do that or have you been told that even that is not good enough? It would be interesting to know what others are doing out there.

  • #2
    I don't have cameras that record but I do always carry a recording device, fits in my hand or pocket, that I can activate when I want to. I would record if I felt it was necessary but don't know if is against the law. Depending on the situation, I may not care either.
    "Never let the inmates run the asylum!"

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    • #3
      Originally posted by pacnwstorage View Post
      I don't have cameras that record but I do always carry a recording device, fits in my hand or pocket, that I can activate when I want to. I would record if I felt it was necessary but don't know if is against the law. Depending on the situation, I may not care either.
      I'm pretty sure that in the state of Oregon it is legal to record on a phone conversation as long as one person in the conversation knows about it. In a lot of states both have to know. It opens up a whole other can of worms though when your recording through a camera system and pick up conversations. I'm trying to figure out if it can be done in a right way to where a facility would be covered liability wise or is that even possible. I think the laws walk a tight rope between security and privacy.

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      • #4
        Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a "one-party consent" law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation.

        Oregon law: It is not unlawful for an individual who is a party to or has consent from a party of an electronic communication to record or disclose the contents of said communication. It is unlawful to record an in-person communication without the consent of all parties involved. https://www.mwl-law.com/wp-content/u...IONS-CHART.pdf

        IMO if your camera is recording someone on the facility, you are not a party to the conversation. I would put signs at the facility entrance and through out the facility letting people know that they are under audio and video surveillance.
        Last edited by A-team; 1st September 2016, 12:28 PM.

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        • #5
          Originally posted by A-team View Post
          Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a "one-party consent" law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation.

          Oregon law: It is not unlawful for an individual who is a party to or has consent from a party of an electronic communication to record or disclose the contents of said communication. It is unlawful to record an in-person communication without the consent of all parties involved. https://www.mwl-law.com/wp-content/u...IONS-CHART.pdf

          IMO if your camera is recording someone on the facility, you are not a party to the conversation. I would put signs at the facility entrance and through out the facility letting people know that they are under audio and video surveillance.
          Good information, thank you! I've even heard that it is questionable if putting the signs up will still get a facility owner away from the liability. Someone could claim they did not see the sign. I thought it would be interesting to see if others who had a CCTV system recorded audio or not. Of course before doing so I will talk with a lawyer, it may not be worth having the audio on if there is any liability.

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          • #6
            Oreson is a mixed use one-party consent to record state. You may record audio and video in publicly-accessible areas if you are one of the subjects in the recording. You may also record phone conversations if you wish if you are one of the persons in conversation.

            Recording between two or more parties and you are excluded is illegal in Oregon. However, there has been tort proven in court by that such an act isn't illegal when not intentional, but that the tort is what is legal or illegal dependent on what the excluded party does with the recording.

            An example could be two people were recorded by you as they conducted an illegal drug transaction and you had no advance notice or probable cause that they would be committing a crime on your property. The recording was made at-random with no intent on your.

            You turn the audio and video over to the cops. and a prosecutor says arrest them.

            A defense attorney would have a hard time saying his/her clients are protected from committing an illegal act on private property they don't own just because at random video and audio caught them. A judge would be hard pressed to dismiss the drug charge. The two had intent to break the law selling and buying drugs. The property did not have intent to target their conversation.

            In a real world, there's no reason to record audio outside an office. But inside an office where you work should be a must.
            Scott Simon
            St. Louis area resident storage manager

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