Do i still need consent if I film a survey in a public area but blur out the faces?

[sushiseminole]

Jurisdiction

Maryland

I want to interview/do a survey with people in a public area, and record it but blur out the faces when I upload the video. Is it legal if I am in a public area or do I still need consent? (Live in Maryland)

-thx

 

[adjusterjack]

Blurring of the faces is irrelevant.

Recording the conversation without consent is a crime. Disclosing the conversation on the internet is a crime.

You'll need consent. Get it in writing.

Two people talking in a public place may still have an expectation of privacy. Whatever it is that you are trying to accomplish, would you like to spend tens of thousands of dollars defending yourself from criminal prosecution if you get it wrong?

Maryland law from RECORDING.pdf (rcfp.org)

In-person conversations: The state requires all parties to a conversation to give consent before one can record any private oral conversation. Md. Code Ann., Cts. & Jud. Proc. § 10-402. State courts have interpreted the laws to protect communications only when the parties have a reasonable expectation of privacy, and thus, where a person in a private apartment was speaking so loudly that residents of an adjoining apartment could hear without any sound enhancing device, recording without the speaker's consent did not violate the wiretapping law. Malpas v. Maryland, 695 A.2d 588 (Md. Ct. Spec. App. 1997).

Disclosing recordings: The state bars the disclosure or use of the contents of any oral, telephone or electronic communication either knowing or having reason to know it was intercepted in violation of the state's eavesdropping laws. Md. Code Ann., Cts. & Jud. Proc. § 10-402.

Criminal penalties: Violations of the wiretapping law are felonies punishable by imprisonment for not more than five years and a fine of not more than $10,000. Md. Code Ann., Cts. & Jud. Proc. § 10-402(b). Violators of the hidden camera law can face misdemeanor charges with penalties that include up to one year in jail and a $2,500 fine. Md. Crim. Law §§ 3-901, -902, -903. Civil suits: The court may award actual and punitive damages, as well as reasonable attorney fees and litigation costs, to anyone whose private communications were recorded or disclosed in violation of the state's eavesdropping law. MD. Code Ann., Cts. & Jud. Proc. § 10-410.

 

[zddoodah]

when I upload the video.

Upload it where? What is the purpose of this survey? Are you conducting the survey on behalf of an employer?

Is it legal if I am in a public area or do I still need consent?

Please give a reasonably detailed description of exactly what you're doing. The prior response seems to read something into your post that I'm not seeing, so your explanation should eliminate any confusion.

 

[flyingron]

Consent to record is different than consent to distribute. Failing to get consent to record is, as pointed out, a crime no matter what you do with the recording.

Using someone's image for commercial purposes without consent is a civil matter, and you'd best to get release for that if there is any identifiable characteristics. Even if you blur out the face, if the subject has a distinctive voice or clothing or whatever, you can run afoul.

 

[adjusterjack]

Using someone's image for commercial purposes without consent is a civil matter,

Making the recording public is also a criminal offense.

 

[sushiseminole]

Upload it where? What is the purpose of this survey? Are you conducting the survey on behalf of an employer?

IDK youtube maybe

Please give a reasonably detailed description of exactly what you're doing. The prior response seems to read something into your post that I'm not seeing, so your explanation should eliminate any confusion.

I want to do a walk around survey asking people in the city near a college town about their favorite sports team while recording them (but I will blur out their faces).

-thx just let me know how I could do this legally

 

[sushiseminole]

Making the recording public is also a criminal offense.

ok so how could I do this legally?

ie I want to walk around my city near a college town and ask people their favorite sports teams for a survey and record them. However you say I need their consent to do this/upload this online.

How do I do this legally ie what do I say before I start recording to keep this legal?

-thx

 

[Zigner]

Well, what you could say is "Thank you for agreeing to allow me to interview you. I would appreciate if you would fill out this release that allows me to publish this interview." Of course, you'd want to follow that up by providing a release for them to sign. If you need help with the release, then speak to an attorney.

 

[adjusterjack]

I think you'll have to figure that part out for yourself.

 

[army judge]

Sometimes the things we wish to do can only be done by expending huge sums of moola.

Other times, the things we wish to do can't be done safely.

Those times it might be best NOT to do anything.

 

[zddoodah]

Upload it where? What is the purpose of this survey? Are you conducting the survey on behalf of an employer?

IDK youtube maybe

OK...that answers one of the three questions I asked, and it sounds like the answers to the other two questions are "for funsies" and "no."

I want to do a walk around survey asking people in the city near a college town about their favorite sports team while recording them (but I will blur out their faces).

If they know they're being recorded and agree to participate, then they've consented, and there's no legal issue with uploading it to a site like YouTube as long as you don't use the video to promote a product or service.

 

[flyingron]

Making the recording public is also a criminal offense.

How so? Certainly not under the statute you quoted.

 

[adjusterjack]

If one has committed the crime of recording without consent then one also commits a crime by disclosing the recording (i.e; uploading to youtube) that was obtained illegally.

Disclosing recordings: The state bars the disclosure or use of the contents of any oral, telephone or electronic communication either knowing or having reason to know it was intercepted in violation of the state's eavesdropping laws. Md. Code Ann., Cts. & Jud. Proc. § 10-402.

You don't see that?

 

[zddoodah]

Best to look at the actual statute (and I'll emphasize that what's being discussed has little relevance to the situation the OP described), but I agree that the nonconsensual publication of a recording to a site like YouTube would be a separate violation of the statute.

"Except as otherwise specifically provided in this subtitle it is unlawful for any person to:

(1) Willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;

(2) Willfully disclose, or endeavor to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle; or

(3) Willfully use, or endeavor to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle."

Maryland Courts & Judicial Proceedings Code section 10-402(a).

"It is lawful under this subtitle for a person to intercept a wire, oral, or electronic communication where the person is a party to the communication and where all of the parties to the communication have given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State."

Section 10-402(c)(3).

 

[Disabled Vet]

If one has committed the crime of recording without consent then one also commits a crime by disclosing the recording (i.e; uploading to youtube) that was obtained illegally.

Disclosing recordings: The state bars the disclosure or use of the contents of any oral, telephone or electronic communication either knowing or having reason to know it was intercepted in violation of the state's eavesdropping laws. Md. Code Ann., Cts. & Jud. Proc. § 10-402.

You don't see that?

I don't see it... Any one can be recorded in a public setting. There is NO expectation of privacy in a public setting. If a person is walking around in a public area and someone is video/audio recording them they are legal in doing so.

 

[adjusterjack]

I don't see it... Any one can be recorded in a public setting. There is NO expectation of privacy in a public setting. If a person is walking around in a public area and someone is video/audio recording them they are legal in doing so.

That's not what the OP is suggesting.

And if two people are walking along talking to each other? There have been cases when there is an expectation of privacy there.

 

[flyingron]

If one has committed the crime of recording without consent then one also commits a crime by disclosing the recording (i.e; uploading to youtube) that was obtained illegally.

Disclosing recordings: The state bars the disclosure or use of the contents of any oral, telephone or electronic communication either knowing or having reason to know it was intercepted in violation of the state's eavesdropping laws. Md. Code Ann., Cts. & Jud. Proc. § 10-402.

You don't see that?

I saw that, but it doesn't match your assertion. You snipped my post in half where I agreed about intercepted communication, but if it's not recorded communication, it doesn't fit the statute you keep quoting. Capitalizing on the likeness is hence a civil issue.

 

[adjusterjack]

Capitalizing on the likeness is hence a civil issue.

I agree.

But that's not all the OP wants to do.

Read this. Note the emphasized words.

I want to interview/do a survey with people in a public area, and record it but blur out the faces when I upload the video. Is it legal if I am in a public area or do I still need consent? (Live in Maryland)

The video is the illegal recording of the conversation. Uploading the recording without consent is as much a crime as the making of the recording without consent.

That's what I'm getting at.