What are my options for being video recorded without my consent?

UPDATED: Oct 1, 2022

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What are my options for being video recorded without my consent?

My corporate offices hired secret shoppers to film our operations at our gym. I was told by HR through email that anything found wouldn’t be held against us unless its severe. I never signed a consent form agreeing to the film and was written up for misrepresenting prices during the shopping process. Do I have any leg to stand on considering that I didn’t sign my consent and was told by HR that no action

would be taken?

Asked on October 24, 2017 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your consent is not needed to videotape you: anyone may be videotapped in public areas, in the workplace, in a different person's home or residence, in an office or store or gym, etc.--basically, any place other than their own home/residence, a bathroom, or lockeroom--without their knowledge or consent and doing so is legal. Therefore, you have no recourse for this, and the video may be used against you legally.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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