If I plan on eating dinner at a public restaurant with a former supervisor, can I legally videotape them without their knowledge or consent?

Asked on July 14, 2015 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, in your state, you may surreptitiously video- and even audiotape him, so long as you and he are the *only* participants in the conversation. If there is another person speaking with the former supervisor and you are not part of that conversation, then audiotaping them violates the law--your state treats it as illegal wiretapping--though you may continue videotaping. (The limitation on videotaping is that you must be in a public space, where is no or only a limited expectation of privacy.)

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