Videotaping in Public

[kcarr11]

What is the name of your state (only U.S. law)? CA

I only get to see my daughter two days a week for the time being due to the accusations put on me by my daughter's mother and grandparents. The exchanges take place Wed. and Sun. in a public place. I feel the need to have proof, and to document what is going on during these exchanges as I am constantly being harassed by my daughter's grandparents. I have been video taping every exchange and hope to use some of the recordings as evidence. Is video taping illegal even if it is in a public place where the grandparents cannot expect to have their privacy anyways? They do always say, "we don't consent," but they are free to leave at any time and do not have to be recorded.

[Blue Meanie]

Originally Posted by kcarr11

What is the name of your state (only U.S. law)? CA

I only get to see my daughter two days a week for the time being due to the accusations put on me by my daughter's mother and grandparents. The exchanges take place Wed. and Sun. in a public place. I feel the need to have proof, and to document what is going on during these exchanges as I am constantly being harassed by my daughter's grandparents. I have been video taping every exchange and hope to use some of the recordings as evidence. Is video taping illegal even if it is in a public place where the grandparents cannot expect to have their privacy anyways? They do always say, "we don't consent," but they are free to leave at any time and do not have to be recorded.

The recording are legal.

[kcarr11]

Thank you for such a quick response. I really appreciate it. Do you know where I could find proof such as in law books that the recordings are legal?

[Proserpina]

Originally Posted by kcarr11

Thank you for such a quick response. I really appreciate it. Do you know where I could find proof such as in law books that the recordings are legal?

Not quite how it works - if they want to have the evidence excluded the burden is on them to show that it's not legal.

Generally something is legal because there are no laws prohibiting <whatever it is>, not because there are laws saying you can do something.

[CdwJava]

It should be legal as there is no expectation of privacy, and the recording is not done in secret ... they can SEE the video camera!

Penal Code section 630 et seq covers these laws.

From the CA Attorney General:

Generally speaking, the California's Invasion of Privacy Act prohibits the electronic eavesdropping (monitoring) or recording of any "confidential communication" without the consent of all the parties.

"Confidential communication" means any communication in which a participant would have a reasonable expectation of privacy. (Pen.Code, § 632, subd.(c).) In Flanagan (2002) 27 Cal.4th 766, 768, 776, the California Supreme Court held that "a conversation is confidential if a party to that conversation has an objectively reasonable expectation that the conversation is not being overheard or recorded."

Since this is in public, the camera is visible, there is confidential communication. The other party or parties can choose not to speak should they wish.

- Carl