this post was submitted on 14 Apr 2025
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They didn’t have the presumption of privacy from the driver. Driver was clearly visible to them, make himself known to them and was clearly within earshot.
They might have also agreed to being recorded in some slimy Terms and Conditions in the ride share app.
If it's one party consent and the driver consented that should be it
We get into the grey here, because the passengers probably didn’t include the driver as a participant. You have to be a participant for one-party to hold.
Also, if the conversation was recorded automatically, with no action from the driver, does that count as the driver recording the convo, or the company that controls the recording device?
But it's hard to argue that the driver isn't a participant considering that they'd be within touching distance and in no way blocked off from the conversation. Even without actually saying anything, the driver was a passive particapant, or at least it would be argued that way if it ever went to court.
Since only one side needs to give permission to record, and since that permission likely can be taken in the EULA, no matter how scummy it is, this most likely isn't illegal. It's like claiming that a a porch camera can't record a crime because the camera's owner wasn't a direct participant of the crime.
I ain’t no law-talking guy.
Someone could make the argument that because the driver was a hired professional they shouldn’t be party of the conversations of their clients or some such.
As I said, grey area.