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WWL>Topics>>4-9 9:10am Tommy, privacy & videotaping

4-9 9:10am Tommy, privacy & videotaping

Apr 9, 2014|

Tommy talks to Amy Gajda, a Tulane Law Professor, about expectations of privacy when it comes to being videotaped

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Automatically Generated Transcript (may not be 100% accurate)

-- did you joins us right now he got a lot of rounds in Austria I. Al-Qaeda and sadly I'm not a doctor and not Ph.D. JD. I JD is a lawyer Amy got. Is Eric. Gaidar are never. It's your name document serve. Deserve to have a pronounced like you want. Two in law professor constitutional law expert on invasions of privacy issues and I -- before we do we get to the legal part of this when he comes as security cameras. I would think it's better to presume that you're being watched then nine. I think that that's right I mean it's interesting I can't tell you precisely that Louisiana but -- Kelly generally. Is on many jurisdictions will allowed security cameras even in places of employment on pipeline if they're open to the public or even if they're open to. A lot of people so until BP. You know particular area or closet. Can't count on a security camera. But many courts have said that -- places of employment can't long it took it public or a lot of people who work there. But like in -- closet for example let's really keep the office supplies and right I have a problem with the printer -- Perhaps that was a bad example but definitely a -- like rest room would be it would be off limits up the most probably. Still so there's been a couple of cases we're with a big cameras trained on. People ask -- more secluded area and court. Again not to -- the handle on secondary generally. I had -- the app might be on any Asian privacy we're guys on pick and place that opened -- more people -- -- not. See you know I've seen the business owners that have done this before where they have cameras all over their franchise restaurant and any watching from home which. You know if I'm got everything I I have sunk into a franchise it would be hard for me not to be there whenever the doors were open but if you are gonna turn it over the a couple of key teenaged kids work in after school. Some other than the restroom DM the right to put the cameras wherever you want and where does prior notice enter into this if it does at all. -- I didn't think. Again if speaking nationally on many -- courts will blow -- -- sort -- -- the court for example has said that. You're in -- -- room to accurately dressing room. As long as everything is with in the dressing -- same the areas monitored by store personnel completely yes -- He's perfectly okay well. And it make any mention of the gender of the person monitoring. Think that that's interesting you should ask that some jurisdiction will in fact say that women can only watch women -- can only watch men but it's very into. -- that little note that before I read the cases I had no idea. That put you on notice that you are being watched and sometimes they'll watch from the feeling. Sometimes the watch from mcewing Mir by but again this is speaking during actually. -- bet that he's OK we income -- in some jurisdictions. And you know what vive -- differ on some people might like that they might like trying to close -- -- -- quickly tell people that. Get a taxes as a -- for car accident right next of the smoothie king senator. Blocking the right -- of these mound interstates to be aware of that and so let me ask yet and we're talking -- guide you who is a Tulane professor constitutional law expert on invasions of of privacy you keep making the distinction between. -- Louisiana and national law and it. Winning either relates to privacy notice that I don't know and -- Nobody very important for immediate make that distinction that people don't don't rely on my work honesty and put out. Put cameras up in in there -- places to business so. The way he can information privacy is actually chip from a very national perspective because the court -- didn't send up. Going all over the nation. One thing that surprised me and we spoke to a constitutional law expert I don't remember honestly it was here -- Somewhere else but that if you're out on a public street. Eight and it's one of these moments where you pants fall down and ice cream cone falls solo or you trip and stumble and fall. That you could be sitting at home and you can all of a sudden see this on a funny videos show on television somebody could get paid for this and you don't have any right says. To get a share of the money to deny them shown it is an accurate. Would you agree with that court that in much more amenable these days to. Between cases could go forward. On things like intentional infliction of emotional distress. Even need to maybe it's not an invasion of privacy because me EB you're considered to be out in public at that point. I want people in my. Q and sent. You could -- have a valid. Intentional infliction of emotional distress claim. And they think on very recently it back because if it's going on on the Internet. -- changing their minds. About one. -- much protection mainly -- people who are out side. I'd see you inadvertently. Filmed the movie because -- public street. Or a news story or whatever or maybe you know there and I see this all the time sometimes they're talking about. Obesity years smoking and you're the person. Listed as an example I mean at some point truth and I try to be indelicate here but truth is an absolute defense and salons you not make and -- the person and just talking about them statistically. Did today and any expectation of -- Right so that's I think he's probably okay and -- -- probably located in some cases. Where in fact people in the -- camping -- even in new stories. To illustrate something like that like for example. The prevalence. Sexually transmitted diseases that some such thing. I'd like to be the poster boy that. Exactly and so they bring on -- claimed on against the telecommunication. Four on the defamation war war company called ball flight in privacy terms. And they hand. They can oftentimes -- we end. So generally speaking if I'm walking down the street and and somebody comes up to me and does a man on the street interview. Do I do do I have any recourse or am -- giving my consent to when they talked and. Well the argument is very much you're getting. You're consent. And what happens central I don't know if you know that or not but one of the reasons why I'm very interested in this. If I used to be. Television news anchor and reporter. And so. And before he went to college -- kidding. Right before it went you before I went to law school. And when I was working in television we never had people sign releases. But now -- get real movement. Because of these on the prevalence of lost its. I can have people evening news stories sign releases. Giving television stations the right to use their image on in particular way. So until again make it recent wine -- -- into doing this is because they locked cases. And that they just making sure that it dictator right are in fact protect. Iso cameras all over the place crime camera network in Orleans parish on traffic cameras all over on the mound and not necessarily that dispense tickets but. I'm better on did the delight standards are the light poles just a letter but you know what's going on the police wanted. If you're picked up on any of that and somehow you're in the background of of a murder video -- -- likenesses. Showing all over goes the Internet -- on any recourse. No probably not there because probably going to be new equity in net them. Hill on the he'll eat your imaginary number pieces like this -- -- image on a new story used to and that way. You're basically direct say even if you are somewhat involved then an involuntary public figure and so on and commute stations and other can use. I'm can you -- in May now maybe it around the journalist an -- prevent. The station from doing that but the law would probably seen a situation like epic that would be -- I hypothetically speaking -- pages hypothetically speaking. A congressman has captured on a security camera. Engaging in a passionate kiss. AK -- make -- out with a staffer. And does somebody publishes that video. Did anybody have an expectation of privacy here. Really an interesting questions factory in re talking about that I'd I'd teach on at 10 o'clock that morning and we're talking about precisely that number I'll be back. One the issue is easier interest I think. Gap -- I understand it they hateful left act and paper office anonymously. On and and they're actually Supreme Court case involving. We hear someone left dictate. At a radio stations are anonymously -- the telephone conversation the Supreme Court said the -- -- -- news -- and because -- that the radio station currently in -- play back. Audio problems that Turkey. Surreptitiously recorded telephone conversation. The -- it. Today. This patient the news organizations that are praying that. On video. Would be protected in the same way that the Supreme Court decided that at the station was protected. And your issues involved here so I'll eat you're going to publish. Something -- regarding. Member of congress or some other public official -- public figure. Some luck would find unity in the privacy. The information is newsworthy. I'm Dan. You protected by court. Until the Arctic -- electing your hypothetical and I'm presuming. Hypothetically that the person. Runs on a very strong family values platform. If that's the case and in fact. -- deal like that would likely faring much beef CNET news pretty. Even if it were taped and in a even more secluded place. And you know hypothetically. And -- -- it on and off -- -- -- on something -- So bottom line with the cameras becoming more and more prevalent. Are you losing your rights to privacy or the court saying no we have to do something about this and. Interesting in Turkey are losing your right to privacy is because cameras are all over. -- are responding to this because people are making fun about it on the Internet. Or they're -- ED hill people in theory pride it's situations. On the Internet as well until on the one hand you're losing privacy because cameras are more prevalent but on the other hand. Courts are not respecting privacy more and allowing those causes of action to go forward. Our beat ties to the art to look back at what's on happening and the invasion of privacy -- happening primarily on the Internet. It does accord consider Internet and traditional broadcast media as one in the same. Well. And yes and in this -- so yes in India cents. What's happening however in both cases that are calming down again. Internet media. -- much has an impact. On all the media so when the court to write what they right. -- are writing to. Glued more traditional journalism and that's what I think is pretty common on interest in -- -- but they've -- the former journalist. Dad that apple and I wondered about the First Amendment freedom of the press was you know very -- in all encompassing. And he had I think locked ground -- in the past ten years so I ever since we had these push the envelope web site. On the Internet. Well I'll tell you this. I think the audiences enjoyed our time with -- because whenever two of the great legal minds in this country get together. Amy -- thank you so much for being with Stuart there.

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