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D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4714
Experience:  10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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Hi my question is about Consent Requirements for Video Taping

Customer Question

Hi my question is about Consent Requirements for Video Taping Conversations with audio. In the state of Florida

I work for a major chain repair facility. They recently had everyone company wide login to our training portal and click yes that we understand we could be recorded at anytime.

Since Florida is a Dual Consent state. Does that mean I can whip out my cell phone and record someone when that person is blatantly ripping someone off?
Submitted: 5 years ago.
Category: Legal
Expert:  D. WINOGO ESQ. replied 5 years ago.
No. The consent you signed works only for the company. This means that you as an individual may not videotape someone else, unless that person is also an employee who has given consent and you are recording on behalf of the company within the scope of your employment.
Customer: replied 5 years ago.

Yes the person is an employee and did give consent in the same manner as I did.

Now would I be doing it in the behalf of the company? I tried to tell them an did give them proof. But this person is protected and they choose to ignore it and cover it up. I was thinking of turning it over to the Department of Agriculture witch is who governs auto repair facilities.

So if I record him stealing 2k from some old ladie and record it im commiting a crime?

What does Dual consent mean then?

Expert:  D. WINOGO ESQ. replied 5 years ago.
If you record the person, and the company says that you were not within the scope of your employment, then yes, it would be considered an illegal recording. Dual consent means that both parties to the conversation need to give their permission to be recorded. So the customer who the other employee was dealing with would also need to give their express permission for you to record them.
Customer: replied 5 years ago.

I would not be recording the customer. There usualy not around when he is jamming a screwdriver in her radiator anyways. So I would be more his actions and conversations with me.

So what does one need consent for Audio or Video?

Expert:  D. WINOGO ESQ. replied 5 years ago.
You would need to let him know that you are recording his actions.