Ocala, FL asked in Civil Litigation for Florida

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.

Related Topics:
1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.