Legal Question in Civil Rights Law in North Dakota

Video/audio recording in a public place.

I USED to frequent a restaurant that recently installed a video/audio surveillance system in which not only the employees actions and conversations can be listened to but the patrons and anyone else within earshot are.

I can understand the employee theft or ''free booze'' analogy with the video side of the equation and don't really have a major problem with that. What about the audio when nobody, including the employees have agreed to such an undertaking? Many a business or personal conversation have been spoken to ears that have no reason to hear.

Is either legal. I remember as a police officer conducting investigations we had to have the consent of one person in the conversation to record. But, this is not the same. These are sometimes very personal issues that have not crossed any legal boundaries and they are being listened to by someone who is certainly not investigating a crime.


Asked on 5/01/02, 10:54 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Video/audio recording in a public place.

You have, unfortunately, no expectation of privacy in public places anymore, particularly since 9/11. Citizens are not bound by the same rules and regulations as law enforcement. Be careful of what you say and where you say it is the byword these days. Too bad. The land of the free has become markedly less so.

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Answered on 5/01/02, 3:12 pm


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