Re: Videotaping without my persmission

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On 1/20/08, Mo Garcia wrote:
> I work for Burlington Northern Santa fe railway (BNSF) in
> Houston Tx. From time to time we use a van service called
> Rentzenberger who transports us place to place. This
> company has recenlty installed Drivecam in most of the
> vans. Drivecam is a video camera that records which is
> supposed to be used to ensure the safety of the crews
> riding in the limo's. My employer is trying to use a
> video from this company to reprimand me. There is nothing
> on the van stating that we are being recorded. Do I have
> any legal rights.

Surveillance laws vary from state to state. In general they
turn on a reasonable expectation of privacy and intended use
of the recording. If 7-11 has a security camera in place
some states require a notice and some don’t. As for Texas;
I couldn’t find any statute that specifically requires a
notice be given that a security camera is in use. It
appears that Texas relies on a subjective expectation of
privacy. If you were in a restroom at McDonalds, you would
likely have a “reasonable expectation” of privacy. However,
if you were at the counter ordering a Happy Meal you
probably don’t have a “reasonable expectation” of privacy.
The purpose of recording may also come into play. If the
recording was for any improper purpose you certainly could
claim damages but I don’t know that the recording itself
would violate a law if it was not a clear invasion of
a “reasonable expectation” of privacy.

For example: If Britney Spears were to walk into a hair
salon in Huston and cut all her hair off, I doubt that Texas
law would prohibit photographers from snapping her picture
and publishing it. I tend to believe that you do not have a
reasonable expectation of privacy in the back of a hired car
especially one which you did not hire. In many cities
(e.g., SF, and I believe also in Huston) video cameras
focused on the passenger compartment are required by law.
However, Florida does require notice of security cameras in
stores and probably limos. Below is Texas law I think is
relevant. In Texas it is against the law to intercept
an “oral” communication, but the definition of “oral”
communication has a “reasonable expectation” requirement
built into the definition. [See below.]

Tex. Penal Code § 16.02 (2007)
(b) A person commits an offense if the person:
(1) intentionally intercepts, endeavors to intercept, or
procures another person to intercept or endeavor to
intercept a wire, oral, or electronic communication;

Tex. Code Crim. Proc. art. 18.20 (2007)
(2) "Oral communication" means an oral communication uttered
by a person exhibiting an expectation that the communication
is not subject to interception under circumstances
justifying that expectation.