What kind of hidden camera should we get, and is our plan even legal?

September 2, 2010 1:56 PM

A question in two parts: What kind of hidden camera setup should I purchase? Also, would taking said hidden camera into a job interview be illegal?

My question has two parts that can be broken down into logistics and legality.

Logistics:
First of all, a friend of mine is looking into purchasing a small hidden camera to take with into job interviews. Ideally, we'd want to be able to film the interviewers, as well as my friend's face during the interview. Sound quality is important. Portability and cost are critical. If necessary, he could take a briefcase into the interview with a hidden camera built in. We don't want the whole get-up to look suspicious, so visible wires, microphones, or video components would be bad.

Legality:
We're working on a project to record job interviews, and possibly posting them online. If we blur out the interviewers' faces and hide the company's and interviewers' names, do you think we'll have any legal problems? Do we really need to go to the trouble of blurring the interviewers' faces or withholding their names from our web site? Obviously, you don't want to tell an interviewer beforehand that you're going to be video or audio recording them, because that will change the dynamics of the interview. They may decline to interview you, which of course shuts down any chance of a future job offer.

We've discussed this, and the benefit seems to outweigh the negatives. If we can see our own interviews after the fact, we could maybe see our weaknesses. And, of course, if the answers involve potential litigation and/or costly video-recording equipment, then we'll pull the plug.

Thanks for any input you have.

posted by rybreadmed to Technology (25 answers total)

I don't know what state (or country) you live in, but in most jurisdictions in the United States, it's basically illegal to record someone in a private place without their knowledge and consent. YMMV, so consult an attorney in your area.
posted by Azazel Fel at 2:01 PM on September 2, 2010 [2 favorites]

I would imagine that it could cause legal problems for you and your pal.
It's recording a private conversation behind closed doors.

Check out Can We Tape?
for your state's laws.
posted by KogeLiz at 2:03 PM on September 2, 2010

This seems exceedingly sketchy to me. If your plan is to critique your interviews, there is no reason to post the recordings on a web site. Moreover, if the plan is to see each other's weaknesses, consider interviewing each other.

You don't include your jurisdiction, so look at this site, which purports to have a survey of the laws in the various U.S. states.

I don't think you should do this.
posted by Admiral Haddock at 2:03 PM on September 2, 2010

This is a shockingly bad idea, the interview equivalent of an upskirt. Unless you have legal firepower equivalent to or exceeding that of the companies you are recording, this plan should be shelved.
posted by sageleaf at 2:04 PM on September 2, 2010 [1 favorite]

A general rule of thumb is you can photograph someone without their prior consent in places where they would not have a reasonable expectation of privacy. In other words, public places. An office or meeting room where an interview is held is not a public place. You do the math.
posted by tommasz at 2:07 PM on September 2, 2010

I do not know about the legalities, but strongly suspect that some people would, if they found out you had done this to them, would spend a great deal of time and effort on making you unhappy. People with your resume in hand. That might be something to factor in, beyond the merely legal.
posted by adipocere at 2:13 PM on September 2, 2010 [3 favorites]

Best answer: KogeLiz's link suggests that this is a bad idea in every state . . . except Vermont.

Logistics: Vermont.
posted by gum at 2:25 PM on September 2, 2010 [2 favorites]

Jurisdiction is a critical aspect of this issue. Sounds colassally stupid to me.
posted by Ironmouth at 2:32 PM on September 2, 2010

Best answer: If you're interviewing in your field, this is a bad idea. Even in big cities, most areas of expertise are small communities. You'll almost certainly run into some people you interviewed with later on in your career. If you violated their privacy, even if you used a fake name/fake resume, they'll remember you. Doubly so if you found some way to show your own face in the videos.

If you're interviewing outside your field, since you don't know what you're talking about, there's no way the interview will go well. Which will definitely change the dynamics of your interview. Unless the goal is to get comedy videos of some interviewers being polite enough to go through the motions and some stopping you 3 minutes in.
posted by IanMorr at 3:02 PM on September 2, 2010

Your concern likely should be expanded beyond "is this legal" to "even if this is legal, how much money do I have to defend myself in a court of law when I get sued by one or more companies with deep pockets who are pissed off at what we've done" and "what will happen if the hidden camera is discovered and the company representative assumes I'm attempting to catch them breaking the law in regards to hiring practices."
posted by davejay at 3:03 PM on September 2, 2010 [1 favorite]

This is why career centers at colleges and in the community offer MOCK videotaped interviews for analysis. Yes, maybe not the same as the real thing, but way more legit.
posted by slow graffiti at 3:41 PM on September 2, 2010

Definitely DO NOT DO THIS.
posted by BillBishop at 3:42 PM on September 2, 2010

A lot of the interviews I've been to in the last couple of years involve signing an NDA before the interview itself (because they're discussing not-currently-public projects or whatnot.) I dunno what field you're looking at, but that would definitely be a dealbreaker if nothing else.
posted by restless_nomad at 3:52 PM on September 2, 2010

Your question suggests you haven't been out of school that long. Go back to your career center and do mock interviews. They will help you; you and your friend are alumni and likely eligible for this service.

If your school isn't nearby, take your spy camera budget and use it to enroll in a class for interviewing skills at a community college. That's a way better use of your money.

Not only is this plan horrible, even if you pulled it off, you're not going to be in a position to critique whatever data you get from it. How are you going to know what works in an interview or not? You need someone with experience in the ways of the world to provide feedback on your interviewing skills.
posted by vincele at 4:12 PM on September 2, 2010 [1 favorite]

I'm guessing at the purpose of the interview. Is it to demonstrate good and bad technique for a job search site? Is it to demonstrate good and bad hiring practices on the part of the potential employer (ie discrimination, sketchiness of other forms?) Is it for purposes of comedy? In any of these motivational modes, this is such a bad, bad, idea.
posted by ThatCanadianGirl at 5:41 PM on September 2, 2010

Response by poster: So...does nobody have any recommendations for a good, inexpensive camera? Did anybody even read the question? It remember it being two parts. Everyone focused on the less important part.
posted by rybreadmed at 8:13 PM on September 2, 2010

Actually everyone focused on the more important part. The logistics are easy--go drop a bunch of money at Skymall or some creepy online security store on cameras that look like pens and mics that look like iPhones or are iPhones. But why would you do that when you're not going to use them because what you're talking about isn't going to produce anything useable because it's illegal? Do something else.
posted by Potomac Avenue at 8:56 PM on September 2, 2010 [2 favorites]

Maybe people skipped part one because part two is illegal.
The cameras I am familiar with need to be pointed at what is being filmed. If I was interviewing someone who was pointing a briefcase at me, it would be a brief interview. A briefcase on a table is going to get images of chests. That what you want ?
posted by llc at 9:03 PM on September 2, 2010

For hidden camera set-ups, you want to buy what's known as a lipstick camera or a wearable camera.

If you're a legitimate working journalist (not a blogger, sorry) setting out on an assignment or research for a freelance piece or a book, you could possibly have legal protection for taping these interviews, at least in 1-party consent states.

But posting the interviews online, even after pixiliating the person's face and the company name sets you up for lawsuits on any number of grounds.

But if you're just doing this to practice going on interviews, it's nuts, frankly.
I can almost promise that your knowledge of the surreptitious taping will make you so self-conscious that your actual interview will be meaningless.
posted by Ideefixe at 9:53 PM on September 2, 2010

"So...does nobody have any recommendations for a good, inexpensive camera? Did anybody even read the question?"

You're asking us to help you do something illegal and also potentially harmful to you financially and career-wise. Those people you want to record...? Their first call won't be to you. It'll be to the lawyers that represent the companies they work for. At that point, getting arrested for committing a crime will be the least of your worries.

Please rethink this.
posted by 2oh1 at 9:56 PM on September 2, 2010 [2 favorites]

Morally I probably think this is okay.

However in every other sense, both legally and practically, THIS IS AN AWFUL IDEA DO NOT DO THIS.
posted by curious_yellow at 4:09 AM on September 3, 2010

I'm not convinced you are really looking for a job, and that would probably make a big difference. If you are looking for a job, this is almost certainly illegal in almost every jurisdiction in the United States, and extraordinarily ill-advised. Why would you post the videos online? What possible benefit is there unless you are up to something that you do not mention in the question. (I am trying to operate on good faith here, but this seems so sketchy that it is difficult to believe you are being upfront with us.) So....if you are working to expose the companies doing the interviewing in the service of what you perceive as the greater public good, you have much better legs to stand on. Maybe you should contact James O'Keefe's lawyer. Also, I didn't read this in full, but it addresses some of the issues from a legal standpoint. The media do this kind of stuff pretty often. Maybe you can call Geraldo Rivera's office ([e-mail]) for some advice. I hope you have a sponsor with deep pockets for legal fees.
posted by nequalsone at 7:05 AM on September 3, 2010

You say "the benefit seems to outweigh the negatives."

That tells me you'd better think a lot harder before you start camera-shopping.
posted by fivesavagepalms at 8:16 AM on September 3, 2010 [1 favorite]

I have a MUVI Micro and like it.

I do not endorse recording anyone without their explicit consent.
posted by BusyBusyBusy at 8:23 AM on September 3, 2010

Mod note: few comments removed - OP if you'd like to clarify your question, feel free, if you just want to bitch, you might want to try metatalk
posted by jessamyn (staff) at 3:17 PM on September 18, 2010