Uber has had its share of controversy and scandal over the years, but it keeps trucking along. It’s got a lot of good about it — it provides jobs for people in need, and it provides rides for those who don’t have a driver’s license or car of their own. Still, from allegations of assault by drivers to accidents involving ridesharing vehicles, it’s something people have been cautious about engaging in.
The latest scandals revolving around Lyft, Uber and other ridesharing drivers involve privacy violations. We’re not talking about data breaches, but the illegal videotaping and sharing of rides on social media. Dashcams have become very popular among these drivers, ostensibly for safety, but they can be turned to dishonest use for financial gain. Let’s look at the benefits and drawbacks of dashcams for Uber, why you should be careful and what to do if you think your privacy has been violated.
Dashcams for Uber
It’s become very popular for Uber drivers to install cameras on the dashboards of their cars. These dashcams for Uber first came about as a means to improve safety in the vehicles. They allow a record of the ride experience that can protect driver and passengers alike. Dashcams are becoming a staple of the experience.
Unfortunately, there is a darker side of dashcams. Some drivers have been using them for illicit purposes, to make extra money without their passengers’ permission. The scariest part of this is, while it varies from jurisdiction to jurisdiction, it might actually be legal.
Dashcams and Legality
Whether or not a dashcam in an Uber is legal depends upon the state and municipality in which you’re riding. Uber itself doesn’t regulate this, and in truth, they can’t. Their drivers are independent contractors who own their own vehicles, so Uber can’t regulate how they do their job.
In most cases, if a driver has a dashcam, they are required to notify any passengers that they are being recorded. In some cases they need explicit permission to record, and sometimes the notification must be displayed and plainly visible. In others, recording 30 seconds on either side of an accident is allowable. It varies widely by region.
Privacy Issues
Generally speaking — and again, this can vary by municipality — people aren’t considered to have a reasonable expectation of privacy when in a public place, including taxis, buses, and inside another’s property. This would include a rideshare vehicle and can mean that being recorded in an Uber isn’t a privacy violation.
In California, the state does have two-party consent. This means that a person cannot record audio without your express permission, so long as you have a reasonable expectation of privacy. Again, whether you have this in an Uber is still up in the air, as far as the courts are concerned.
What to Do if You’ve Been Illicitly Recorded
If you’ve been illicitly recorded and the recording has been used in a way that could be damaging to you, you may have legal recourse to have it removed, to gain some financial compensation for privacy violation, or both. The best option is to discuss your case with a qualified Uber attorney like Gruber Law. Give us a call for a consultation on your case today.
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