1

Many small businesses in California have faced increasing challenges due to Proposition 47 and the COVID-19 pandemic. Since small businesses are typically private establishments, owners have the autonomy to establish rules for customer behavior. However, managing these situations can sometimes become difficult.

Q1: Can the owner choose to implement the use of body cameras for themselves and their workers? (Assume yes)

Q2:If yes, how would a store notify the customers in addition to the camera sight at the entrance of the store if the body cam is used?

3
  • 4
    You omit the question of whether the customers have to be told specifically of bodycams. If the store says they use cameras, it does not specify where.
    – Mary
    Sep 18, 2023 at 0:12
  • 3
    Are you looking for an answer more sophisticated than "put a sign near each entrance to the store"? Are you asking if it is legally required to give notice at all?
    – ohwilleke
    Sep 18, 2023 at 18:34
  • Honestly, after thinking for a while. I feel like I asked a stupid question. I would not go a store if a store use body camera unless I have to buy something from them. If notice is not given at all, that owner will be in a big trouble.
    – Maxfield
    Sep 18, 2023 at 19:36

1 Answer 1

3

California is a two-party consent state. That means you cannot record someone in a private establishment in audio or video form without their consent. An establishment open to the public can post the notice of video surveillance on large, clearly readadble signs throughout the establishment. Best practice is to post notice signs at all entries, any point of sale and at <20 ft intervals throughout.

4
  • Is a retail store considered a private establishment when it is open to the general public during store hours? Can you cite the specific laws applicable to your answer?
    – GBG
    Sep 18, 2023 at 23:18
  • No, a retail store is not a private establishment per the Unruh Act.
    – mobiledork
    Sep 19, 2023 at 1:06
  • California Penal Code 631. (a) Any person who, by means of any machine, instrument, or contrivance, or in any other manner, intentionally taps, or makes any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any telegraph or telephone wire, line, cable, or instrument, including the wire, line, cable, or instrument of any internal telephonic communication system, or who willfully and without the consent of all parties to the communication....
    – mobiledork
    Sep 19, 2023 at 1:10
  • @mobiledork The text you quoted prohibits tapping into a phone line. Why do you think it applies to video recordings? Sep 29, 2023 at 6:24

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .