Q: Is it legal to use cameras with audio in NY restaurants?
I want to know if it is legal to have video cameras with audio in restaurants in New York State. The cameras are visible to the public and employees, but there is no notice given about the recording. The video is used for surveillance, but I'm unsure about the purpose of the audio; I assume it is to listen to conversations.
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A:
In New York State, using visible video cameras in public areas, such as restaurants, is generally legal. However, when these cameras record audio, the situation becomes more complex due to privacy laws.
New York operates under a one-party consent rule for audio recordings, meaning you can record conversations if you are a participant or have consent from at least one party involved. Recording conversations without such consent can be deemed illegal eavesdropping, classified as a Class E felony under Penal Law Section 250.05.
Moreover, while video surveillance is permissible, it must not infringe on individuals' reasonable expectations of privacy. For instance, recording in private spaces like bathrooms or changing rooms is strictly prohibited.
Therefore, if a restaurant in New York uses visible cameras that record audio without informing patrons and obtaining necessary consents, it may violate state laws concerning privacy and audio recording. It's advisable to consult legal experts to ensure compliance with all applicable regulations.
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