Is it legal to record video and audio of a customer's store transaction?

Forums › Off topic › Is it legal to record video and audio of a customer's store transaction?

geekIT

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#300587 20-Sep-2022 16:19

I asked a local chainsaw shop to adjust my saw. Their charge was, IMHO, outrageous.

After I (snail) mailed my complaint to the store, they emailed me some partial video (with audio) of the transaction.

Apart from any of the authorization and charge issues, I'm curious as to whether the actual recording system is entirely legal.

Comments, please.

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tchart

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#2970551 20-Sep-2022 16:26

https://www.privacy.org.nz/resources-2/privacy-and-cctv/#audio

gehenna

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#2970552 20-Sep-2022 16:27

I suspect they can do whatever they want if you're in their store and the activity is well signposted. If it's not then I'd be dubious and probably a bit annoyed.

gehenna

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#2970553 20-Sep-2022 16:28

tchart:

https://www.privacy.org.nz/resources-2/privacy-and-cctv/#audio

Nothing there that says you can't, just that you shouldn't, so it's a policy without teeth. Signposting is definitely required though, for both audio and video it says.

mkissin

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#2970560 20-Sep-2022 16:39

Most shops now seem to have CCTV in at least the checkout area.

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#2970676 20-Sep-2022 20:54

gehenna:

tchart:

https://www.privacy.org.nz/resources-2/privacy-and-cctv/#audio

Nothing there that says you can't, just that you shouldn't, so it's a policy without teeth. Signposting is definitely required though, for both audio and video it says.

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Speedy885

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#2988037 25-Oct-2022 19:31

Recording Audio is an arsehole move, I expect to be on camera when I walk into a shop but not have every word I utter recorded and kept for later. As an installer I go out of my way to disable any Audio functions if on the rare occasion the Cameras I have been supplied have the feature.

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mattwnz

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#2988113 25-Oct-2022 22:53

Did they give you a quote or estimate before they did the work? If not ask another store what the price they would charge. This page has some info https://communitylaw.org.nz/community-law-manual/chapter-25-consumer-protection/quotes-and-estimates/

Handsomedan

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#2988160 26-Oct-2022 08:59

geekIT:

I asked a local chainsaw shop to adjust my saw. Their charge was, IMHO, outrageous.

After I (snail) mailed my complaint to the store, they emailed me some partial video (with audio) of the transaction.

Apart from any of the authorization and charge issues, I'm curious as to whether the actual recording system is entirely legal.

Comments, please.

What was their justification for sending you the video clip? Was it to prove you agreed to the price? That you appeared happy with the transaction?

Seems a really odd thing for them to do, if I am honest.

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David321

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#2994384 10-Nov-2022 14:28

We had a well known reputable security company install a security surveillance system at our factory, the tech told us it was illegal to set them up to record audio expect in the military. No idea if he as correct or not. I remember the law being talked about when Jamie lee Ross record those conversations with Simon Bridges, its fine to record audio if you are a party to it, but not if you are not a party to it?

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#2994390 10-Nov-2022 14:47

Dunno about video and stores, but general rule is, long as one party involved is aware of the recording. If a 3rd party is involved, then its illegal. But dont know if that applies with "commercial" stores etc.

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#2994393 10-Nov-2022 15:03

I would think it comes down to reasonable expectation of privacy. Video recording is somewhat accepted as theft prevention and evidence for prosecution. There is no reasonable case for audio recording I'm aware of.

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#2994395 10-Nov-2022 15:03

So, is this accurate?

- You asked for your saw to be fixed and had a convo about it and presumably the possible charges.
- Saw was fixed and you got invoiced.
- You formally complained about the charge.
- They rebuffed your complaint with a recording of the transaction
- You're upset that they recorded you in the first place.
- Presumably they were right or they wouldn't have given you the recording.

Having worked in retail many years ago I don't see an issue at all. Customs are d1cks all the time, they lie, steal, and abuse staff when things don't go their way. Having the interaction on record in a manner that adheres to the privacy principles seems fair and reasonable.

Treat this like getting a speeding fine :)