Auctioneers often utilize video and audio recording at their auction houses, and other events. Cameras will be up, signage will typically be posted, noticing the public that how they act and/or what they say will possibly be captured electronically by the auctioneer.
Auctioneers also go on appointments to inspect real and/or personal property. Could there be cameras up at these locations recording video of your inspection? Could there be audio recording devices memorializing your conversations?
These days, many home and business owners have security systems either through a company provider or purchased and installed themselves. These devices often capture video and audio and often include at minimum door security and motion detection.
First, Federal Law Title 18 U.S.C § 2512 largely prohibits surreptitious (hidden/camouflaged) audio bugging devices and as such, hidden cameras with microphones (or probably just hidden microphones) are for the most part illegal to use and possess.
Video on the other hand is pretty much legal everywhere without any notice — with very few exceptions — unless you would have a reasonable expectation of privacy (bedroom, bathroom, for example.)
Audio otherwise is further regulated by states and depends in part on whether you are in a “One-party consent” or “Two-party consent” jurisdiction, and with other possible restrictions as well.
Currently, these 12 states are “Two-party consent” jurisdictions: California, Connecticut, Florida, Hawaii, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Oregon, Pennsylvania and Washington. The remaining 38 states and Washington DC are “One-party consent.”
It’s important — independent of “One-party” or “Two-party” status — to secure competent attorney counsel if you need more details or have a case requiring evaluation. Most states have additional restrictions and/or requirements and their own case law to consider.
If you are an auctioneer with a facility, a security system is nearly a must to protect not only your own property but the property of others. Many economic security systems are available for this purpose. Almost all of these come with apps for mobile access and viewing.
When at a [possible] client’s home or other remote site, especially if accompanied by a client or other staff member — or if you’re on the phone — it’s best to get away from any improvements (out in the yard, for example) before speaking to help prevent any undesirable or jeopardizing recording.
Mike Brandly, Auctioneer, CAI, CAS, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at: Mike Brandly, Auctioneer, RES Auction Services, and Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College, Executive Director of The Ohio Auction School, and an Instructor at the National Auctioneers Association’s Designation Academy and Western College of Auctioneering. He is faculty at the Certified Auctioneers Institute held at Indiana University and is approved by The Supreme Court of Ohio for attorney education.
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