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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27688
Experience:  Former judicial law clerk, lawyer
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I work at a private club (Eagles club) in Minnesota and a

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I work at a private club (Eagles club) in Minnesota and a guy who was from another club in Minnesota came in and signed our book well I was busy and when I was done helping my customers I went over to him and realized he had been in our club before so I went up to him and said hi what can I get for you while he was looking into his phone and not me so he ignores me and I say hello can I get you something and he was rude and says something like well you were over there talking blah blah blah and I say I wasn't talking I was working and helping somebody, well he was just rude so I said okay I'll come back to you well I think he was video taping me with out my consent so I went back a second time to ask and he still was looking into his phone and said he wasn't ready , so I walked away again of course I was pissed but whatever he left and 2 of our members thought his behavior was off a bit and were concerned he had been taping in there so my question is can he legally tape me without my knowledge on private property in a private club?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Minnesota law allows a person who is party to a conversation to make a recording of it without notifying the other individuals involved in the conversation. Minn. Rev. Stat., Section 626A.02. Now, he can't sit in a crowded room with a video camera running that's picking up all the conversations without getting consent from one party to every conversation in the room. So, that would be illegal. If he's recording you talking to other customers and not engaging you in conversation himself, that's illegal unless he had the consent of every single customer you spoke with.

There's nothing specific that speaks to making recordings within a private club, unless the club has "no video recording" rules (in which case it would be up to the club to discipline him). The law protects people from being filmed in a place where they're likely to be in a state of undress or where they have a reasonable expectation of privacy, but that wouldn't apply to the situation you described. He actually could use a video camera if it wasn't recording audio (although most smart phones by default record both audio and video and don't let you turn off the audio).

Recording a conversation without the consent of at least one party to the conversation is punishable by up to five years of imprisonment, fines of $20,000, or both. If he recorded you having multiple conversations with different people, he could be charged for each of them.

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