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A public school in New Mexico recently installed new cameras in the school. All visitors must sign a form when they come in agreeing to surveillance while there, but the forms don't mention that the cameras record audio. In fact, most people I talked to were unaware the cameras recorded audio, but administrators affirmed they did when asked. No signs are posted. Is that legal? Would a parent of students in the building have any right to have these taken down?

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    All visitors must sign a form when they come in agreeing to surveillance while there - does the firm specifically say "video surveillance"?
    – littleadv
    Commented Sep 20 at 5:00
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    What do you think "surveillance" means? Why would you assume it only means video and not audio?
    – Barmar
    Commented Sep 20 at 14:44
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    It isn't exactly on point, but NM is a one party consent state. More generally, there is generally no expectation of privacy in most ares of a public school.
    – ohwilleke
    Commented Sep 20 at 21:27

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These cameras are not covert and are taking audio and video of people who are in situations where they have no expectation of privacy. This isn't a violation of the law.

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  • Are the consent forms even necessary?
    – Barmar
    Commented Sep 20 at 21:59
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    @Barmar Probably not, but belts & suspenders are an attorneys' favorite strategy.
    – ohwilleke
    Commented Sep 20 at 22:04
  • If the whole point is to prevent spurious complaints, they should probably make it clear what's being recorded in the form.
    – Barmar
    Commented Sep 20 at 22:07
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No

It is illegal to covertly record a conversation that you are not a party to. The cameras will definitely overhear conversations the school is not a party to e.g. conversations between students.

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    is it considered "covertly" when the cameras are clearly visible and everyone signs an acknowledgment?
    – littleadv
    Commented Sep 20 at 8:04
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    Do the same laws apply in public schools? Some laws that apply in general settings do not apply in public schools or other government facilities (e.g. courthouses, military bases, etc.) and even in some private facilities (e.g. private hospitals). Can you please cite the law(s) to which you refer?
    – Amazon Dies In Darkness
    Commented Sep 20 at 10:31
  • What do Australian laws say about any expectation of privacy?
    – Michael Hall
    Commented Sep 20 at 15:02
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    So it is illegal to record and broadcast video of public events such as sporting competition because the cameras might pick up a background conversation and expectation of privacy is irrelevant?
    – Michael Hall
    Commented Sep 20 at 21:22
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    @MichaelHall it’s illegal to covertly record. Broadcast media use obvious microphones. Most people do not expect CCTV cameras to record audio because historically, they didn’t, even though it’s standard for modern ones but the microphone is not obvious.
    – Dale M ♦
    Commented Sep 20 at 21:24

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