The employer demanded to view the video to insure whether images of persons were taken without their consent. We refused since content of our union organizing information is protected (NLRA) Furthermore, the employer claimed that healthplan members medical information may be compromised if their image was posted on our website.

Our crews response was that we were in a public area and were not directly taping pedestrians but only the person being interview. Even if a pedestrian was caught on image, how would anyone know if they were a healthplan member coming to an appointment. How does that image disclose any personal medical information or invasion of privacy?

I understand that if you are in a public place and have no expectation of privacy or trying to seclude yourself that you can be video taped or photographed.

We further asked if the same interrogation occurred when Channel 4 was taping a spot in front of the hospital a few weeks earlier. The response was that Channel 4 was taping from from public sidewalk and street and that was ok. Since we taped under the same conditions it appears to us that the employer’s intrusion into our video taping spot was an attempt to intimidate and interfere with the union’s organizing efforts.

Since our video tap is not being used for commerical value we also declined the employers demands to obtain consent forms.
Were we within our rights?

George Wong Jr.