QUESTION
Is video surveillance of massage & disrobing legal in NJ?
Asked on Apr 10th, 2014 on Business Law - New Jersey
More details to this question:
A friend and I got massages at a wellness center. I believe that several state practices were violated. But most important, there was video surveillance of us getting undressed and massaged. There were not signs in the lobby or explained before hand. We noticed AFTER the massage that there was a camera and a sign. The room is dark (lit only by and LED candle), so we missed it. It read: "Please be aware that all activities are video recorded. The video is for quality control and to ensure proper customer/staff interaction. The video is not archived or reproduced. You may undress to your comfort keeping in mind video is being utilized. Please use the provided sheet to cover." We were told they keep tapes for about a month. Is this legal? Feeling violated!
1 ANSWER
William Mack
It might violate the invasion of privacy section of the criminal code (NJSA 2C:14-9). The person videotaping does not need to have a prurient intent; however, the taping needs to be done without your consent and in circumstances where a normal person would not expect to be taped. So there is leeway for the massage salon to argue: the sign was sufficient to elicit your implicit consent, since you went ahead with the massage; people in a massage salon would be more likely to expect taping to be done, for the protection of the salon, its employees and the public. In short, a violation here is far from clear.
Answered on Apr 10th, 2014 at 3:14 PM