Is it ok to tape record any conversations in a busy resturaunt?

Asked in Seattle, WA - almost 4 years

Isn't there an exception where if there is no expectation of privacy, it's ok? Or if you had a tape recorder on, would you have to announce to everybody in a earshot radius of you that you were recording? The resturaunt also has cameras recording 24/7.

Attorney Answers (2)

Nancy Baum Delain

Schenectady Intellectual Property Law Attorney

0

Answered almost 4 years ago. Only if you are an active participant in a conversation may you record without notice to the people whose conversations you are recording. Otherwise, there IS an expectation of privacy, even in a public venue like a restaurant, and you may be liable for lawsuit if you record without notice.

Surveillance cameras are recognized and expected and they are usually not hidden; this provides at least constructive notice of the recording (also, sound is rarely recorded on surveillance cameras). This is a very, very different situation from clandestine sound recordings.

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Alan James Brinkmeier

Greater Chicago Area Lawsuit / Dispute Attorney

0

Answered over 3 years ago. I believe Washington like Illinois and California's laws prohibits the recording of communications unless all parties to the conversation consent.

See my Legal Guide Recording Conversations in Illinois

http://www.avvo.com/legal-guides/ugc/recording-...

You need a lawyer because I do not practice in WA (I am in Chicago, IL). Check with a lawyer in your locale to discuss more of the details. Twelve states like Illinois require all party consent to record.

The statutes are at this link: http://apps.leg.wa.gov/RCW/default.aspx?cite=9.73 .

Violators can end up in jail. See RCW 9.73.080 (Penalties).

Good luck to you.

Again, check with a lawyer in your locale.

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