Has anyone experience going to a signing and realizing that they have a camera facing the table where notarial act will be performed. There was no signage nor did the signers let me know the camera was running. I realized after they were giggling and pointed as they spoke to each other.
I personally found it extremely uncomfortable being recorded without knowledge, let alone my consent.
As far as I know California is a “two party consent” state when it comes to video recordings.
I definitely was not made aware prior nor did I ever sign a media/photo release. Granted RON does involve video-cameras, but California has not approved until 2030.
Twice, but I knew I was on-camera and neither was for a loan signing or notarization. I’d be sorta ticked off under the circumstances you described. (But…if you knew about it, you’d probably be nervous and weird…LOL).
I sometimes administer oaths at town board meetings in the town where I’m a Justice of the Peace. These meetings are live streamed with audience participation, and recorded. The live streaming is mandated by law; I’m not sure if the recording is mandated, but it’s announced at the beginning of the meeting.
California’s principle recording law (Cal. Penal Code § 632.) stipulates that it is a two-party consent state. In California, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the communication. This means that in California you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. However, there are a few exceptions such as:
Public conversations with no expectation of privacy
Within government proceedings that are open to the public
Recording certain crimes
California also has a wiretapping law (Cal. Penal Code § 632.) which can result in criminal prosecution for the unauthorized recording of a phone line (or other media).
Not sure what you can do about it now. And people who have the recording devices should know they are obligated to tell others they are recording.
This happened to me about 2 months ago! The person I was notarizing for
happened to be a social media personanlity! I was ok with it but, they really should ask
you ahead of time for sure
Being a new notary public I would be nervous as heck, if I was being recorded. I currently work in the medical field and people always want to record their loved ones to share with family. I tell them please leave me out of the picture or video. I would do the same if it was for a notarial act.
