Q: Co-worker of mine was recorded by a customer (while at work and unbeknownst to her) then video posted on social media.
She's contacted the "post" person and requested it to be taken down, they have not. Isn't that illegal (no permission sought to do so) and does my coworker have a case to sue? It was in a shopping mall in a major retail store. We've been told since it's a public place, this customer is allowed to do anything they want.
A:
To be certain, your co-worker must schedule a consultation with an attorney. If the opinion she received is from a legal consultation (in-person or virtual), and she is unsure of whether the opinion is correct, she should schedule a consultation with someone else for a second opinion. The following comments are for informational purposes only, not legal advice. Generally, taking videos in places which are open to the general public, and in the non-private areas of those places, can be done without consent, and can be posted on social media without consent if the post is not done for monetary gain.
Audio recording (by itself or as part of a video) is a little different story, as in some circumstances, it's a crime to record without consent. However, even with audio, it's generally lawful (without consent) if there's zero expectation of privacy. It's just that audio is more scrutinized due to the criminal statute.
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