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Rideshare Dashcam Laws: Can You Record Passengers?
If you drive for Uber or Lyft, one tense ride is enough to make you glad you have a dashcam. A camera discourages bad passenger behavior and can protect you against false complaints. The big question is whether you can legally record the people in your car.
Recording laws and rideshare policies keep changing, which causes plenty of confusion about what you can capture. Here is what rideshare drivers need to know about dashcams and consent.
Dashcam consent rules in a nutshell
In general, people can be recorded in public without consent as long as they have no reasonable expectation of privacy. A phone call inside your home is private even if someone listens through a window. A chat on your front porch is much less likely to be protected, because anyone nearby could overhear it.
Courts have treated taxi passengers as having a limited expectation of privacy: they pay the fare, choose the destination and can exclude other riders. Rideshare passengers are likely in a similar position, so you should get consent before recording conversations in your car. Consent laws vary by state.
Federal law requires the consent of only one party to a conversation. Most states follow that one-party rule, but roughly a dozen states, including California, Florida, Illinois, Maryland, Massachusetts, Pennsylvania and Washington, require everyone in the conversation to consent. If you drive in or cross into one of those states, assume you need consent from every passenger. Check your state’s current law, since the list changes.
***The laws regarding electronic recording consent vary by state and the specific circumstances of the recording. These laws are constantly changing and evolving. If you have questions about the recording laws in your state, you should consult a local attorney for advice.***
| Two Party Consent States | One Party Consent States | |
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Is it OK if I just post a sign on my window or inside my vehicle saying that I use a dashcam?
You may have heard of “informed consent,” which means a person actually understands what they are agreeing to. There is no clear standard for rideshare recording, so the safest approach is making sure passengers know about the camera and agree to it. A visible sign helps, but the best practice is to tell riders you are recording and get a verbal okay.
Uber and Lyft also publish their own policies on recording, so check the current rules in your driver app.
If everyone consents to the recording, can I post it on YouTube or social media?
Generally, no. After several incidents where drivers posted passenger conversations online, Uber and Lyft both tightened their rules. Uber’s terms prohibit broadcasting a rider’s image, audio or video, and violations can cost you your account. Lyft’s policy is similar but allows an exception when the passenger gives express consent to the broadcast. Posting without clear written permission also exposes you to privacy claims, so keep recordings for safety and dispute purposes.
This article does not constitute legal advice and is for general knowledge purposes only. rideshareguru.com does not make any guarantees to its accuracy as each state’s legal situation is unique. We recommend that you contact an attorney licensed in your state for the most accurate information regarding local laws. Links on this page may go to partners or affiliates and we may be compensated for your purchases with those partners or affiliates.
Marie Sotelo is a licensed attorney in the State of Arizona with 14 years of experience in general practice. She spent ten years serving as general counsel for one of the largest law enforcement agencies in the U.S. and currently focuses her practice in conflict resolution, mediation, and organizational development.
