Originally Posted by
gsoltso
It never ceases to amaze me when anyone indicates that they have a "Right to not be recorded" in a public space (not just for TSA, in many other walks of life as well). There is no expectation of privacy in public - regardless of position, or job. The only time that filming/video can be stopped at a checkpoint, is if they are interfering with the screening process (this means that you are actively obstructing the process, by some form or means), or they are caught trying to video items that are obviously kept from the public due to security reasons (like the Xray machine screens that they have to maneuver into blocked off areas to film). Other than that, they have the absolute right to film anything in a public forum, including the checkpoint areas. TSA re-emphasizes this consistently in training, and in leadership training. Anyone that acts contrary to what I listed above, is wrong - it really is that simple. We get training each year reiterating that folks can film in the checkpoint as long as they do not run afoul of the listed situations above.
This whole issue has so many variables that it is essentially impossible to make blanket statements about it. The answer depends on what jurisdiction you're in (not only what statutes might apply, but what circuit court decision(s) might apply), where the recording is taking place (what's legal in an airport concourse may not be legal in an airport bathroom stall), whether it's audio, video or both, who is being filmed (in particular, police or public officials or other), whether it's done openly or surreptitiously, etc. With respect to post above, yes it is generally legal to *film* people in a situation where there is no expectation of privacy, but there are still intellectual property issues involved. Whilst you may have broken no criminal code by recording someone in public, if you use that video for a
commercial purpose, and do not obtain the subject's permission to do so with a consent form or model release, then they could pursue you in civil court for usage fees. This is the reason reality TV shows with segments filmed in public have some faces blurred and some not -- if they are not blurred, the producers obtained a signature on a release form from the subject. Similarly, if you were to film a checkpoint and copyrighted music was playing in the background, if you used that footage for
commercial purposes, the copyright owner could pursue you in
civil court.