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by nerdsniper 284 days ago
There’s no liability or exposure for recording non-consensually. It’s a public space. There’s not even an edge case. If a random member if the public could walk into the drive-thru (which they can) then anything can be recorded without notification or consent.

Edit: Another commenter has made me aware that some states do ban non-consensual audio recordings in public: https://www.dmlp.org/legal-guide/massachusetts-recording-law

The laws prohibiting these recordings have neither been upheld nor overturned by the US Supreme Court.

3 comments

A restaurant drive thru is private property open to the public. I think there may be a legal difference there.
There's generally not been held to be any difference for the purposes of expectation of privacy. If it's open to the public, the expectation is that anyone could overhear you.
>There’s no liability or exposure for recording non-consensually. It’s a public space.

That is not how wiretapping laws work in every state.

Creating a database of recordings without user being able to know/influence is clearly violation of GDPR IF there is PII. That's going to be costly for BK.
GDPR only exists in Europe. Are they doing this there too?