Q: Legal repercussions of certain actions. Is it legal?
A friend of mine recently rented a car from Hertz Car Rental company through the Uber Driver app so that he could do trips and earn money. Until after my friend signed the rental contract, Hertz didn’t tell him that he and his passengers were going to be recorded by video and audio from inside the vehicle. My friend signed a TNC waiver, the following is what says on article 5: “You acknowledge and agree that Hertz may take disciplinary or other action on the basis of Your driving behavior and driving behavior data (including, but not limited to geolocation, speed, mileage, braking, and damage data) derived from in-vehicle telematics and other devices or gauges, which action may include suspension or termination of your ability to continue to participate in the Uber Car Rental Program or otherwise to rent vehicles from Hertz or its affiliates.” Does this mean they might take legal action if my friend disconnects the in-vehicle camera? This is an invasion of privacy.
A: This is simply a matter of basic contract principles. Your friend apparently agreed to the invasion of privacy by signing without reading it first. It is legally assumed that a contracting party has read and understood what he/she has signed. I often get calls from people who say, "But I didn't realize that was in the contract I signed" or "I didn't know the meaning of what I signed." Why? You know you're agreeing to every single word above your signature, but you didn't bother to read it? Or you agreed to something that you did not understand, without doing what you need to do to have it understood? "Yes, because I was in a big hurry." And that mistake sometimes results in needing to pay a lawyer thousands of dollars to solve their problem. In your friend's case, if he agreed (by signing) that the recording devices must be on, then he also likely agreed not to disconnect them, and if he breaches the contract, there are probably provisions in that contract spelling out the other party's legal remedies. If having the devices is a problem, he needs to look at the contract provisions governing his option to terminate the contract.
A:
Based on the information provided, it seems that Hertz has included a clause in the rental agreement that allows them to monitor driving behavior through in-vehicle telematics and other devices. However, the specific mention of video and audio recording inside the vehicle raises privacy concerns.
Regarding the legality of disconnecting the in-vehicle camera, it would depend on the specific terms of the rental agreement and applicable laws:
1. Rental Agreement: If the agreement explicitly prohibits tampering with or disconnecting the camera, doing so could be considered a breach of contract. The consequences of such actions would be outlined in the agreement, which may include termination of the rental or potential legal action.
2. Privacy Laws: The legality of in-vehicle recording may vary depending on the state or jurisdiction. Some states have two-party consent laws that require all parties to be aware of and consent to the recording. If the passengers are not adequately informed about the recording, it could potentially violate privacy laws.
3. Uber's Policies: It's important to review Uber's policies regarding in-vehicle recording for rides booked through their platform. If Uber has specific guidelines or prohibitions related to recording, violating those policies could lead to consequences for the driver.
It is advisable for your friend to carefully review the entire rental agreement, seek clarification from Hertz about the specific terms related to in-vehicle recording, and consult with a legal professional familiar with the relevant laws in the jurisdiction. If your friend believes that the recording violates their privacy rights or the rights of their passengers, they may need to explore legal options or consider alternative rental arrangements that do not involve such recording.
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.
