Wherever you go, most people have a smartphone, tablet or some sort of electronic device that can record audio and video on the spot. It’s almost a given that if you’re in public, you could be recorded.
Some of these public recordings lead to funny content on the internet and social media.
But just because you can record someone in public, does that mean it’s always legal? Here’s what to know.
There is an expectation of privacy in some places where recording may be prohibited, along with state consent laws and property restrictions that may limit where and how you can record.
In Texas, there is generally no law prohibiting someone from videotaping you in a public place where you do not have a reasonable expectation of privacy. For example, if someone records you in a park, on a public street or at a public event, you usually cannot successfully sue merely because you were recorded.
But you might have a legal claim if:
It’s generally a First Amendment right to record in public. According to the Texas ACLU, taking videos and photographs of things that are plainly visible from public spaces is a constitutional right – and that includes federal buildings, transportation facilities and police and other government officials carrying out their duties.
Here’s what to know if you’re recording in public:
The right to photograph or record does not give you a right to break any other laws. If you’re seen trespassing to photograph or record, you may still be charged with trespassing.
Most gyms operate as private businesses and can set the rules on what is and isn’t allowed. Even in areas where people are working out, a gym can prohibit filming to protect members’ privacy.
Of course, in areas where privacy is expected, like locker rooms, showers or a sauna room, recording can create serious legal problems and may violate Texas criminal laws.