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      02-15-2019, 08:01 PM   #1
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Dash cam footage

Recently brought in my M3 for a recall. Someone deleted my dash cam footage from the time it was there. I know it was deleted because of the file numbers are not consecutive. Anyone else notice that? Do they have a right to do that?
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      02-15-2019, 08:04 PM   #2
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What assholes.
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      02-15-2019, 08:08 PM   #3
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Was it on a Go Pro or some other device? This is why you don't leave personal things in the vehicle. They likely copied the file and accidentally deleted it. Just my two cents...
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      02-16-2019, 12:50 AM   #4
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Originally Posted by randrews15 View Post
Was it on a Go Pro or some other device? This is why you don't leave personal things in the vehicle. They likely copied the file and accidentally deleted it. Just my two cents...
It was just a regular dash cam mounted on my windshield. I don't really mind if they copied any files on it, it's a dash cam I don't really consider it a personal belonging that I have to remove when I take it in for service.
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      02-16-2019, 02:08 AM   #5
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Which dealership?
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      02-16-2019, 11:13 AM   #6
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Was it actively running while in service?
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      02-16-2019, 01:07 PM   #7
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You leave the car with the service adviser. He lets his tech know that another recall is to be done. The tech mumbles under his breath some profanities about the warranty work he now must do. Tech completes work, does well. Decides that after this hard day of work he deserves a nice joy ride in the glorious M3. Takes car for a spin, not far as to upset the mileage, but enjoys himself thoroughly during the ride with a few WOT pulls. Gets back to the dealership and looks over, "damnit, a dash cam..." Unsure of whether or not it was recording, he goes in and quickly deletes all recent footage just to be safe.

Last edited by MrGatsby; 02-16-2019 at 01:20 PM..
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      02-16-2019, 01:16 PM   #8
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Which dealership?
I won't say any specific names, but it's in the Bay Area haha.
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      02-16-2019, 01:17 PM   #9
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Was it actively running while in service?
It records only when the car is running.
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      02-16-2019, 01:19 PM   #10
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Originally Posted by MrGatsby View Post
You leave the car with the service adviser. He lets his tech know that another recall is to be done. The tech mumbles under his breath some profanities about the warranty work he now must do. Tech completes work, does well. Decides that after this hard day of work he deserves a nice joy ride in the glorious M3. Takes car for a spin, not far as too upset the mileage, but enjoys himself thoroughly during the ride with a few WOT pulls. Gets back to the dealership and looks over, "damnit, a dash cam..." Unsure of whether or not it was recording, he goes in and quickly deletes all recent footage just to be safe.
This. My car had a Macht Schnell Race x pipe on, it's a possibility he got curious haha.
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      02-16-2019, 01:35 PM   #11
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This is when a valet map would come in so handy, i personally would be extremely upset if they tampered with my personal belongings...... If you brought the car in for warranty work what right do they have to erase or even copy files from your cam? I would ask for the mechanics name and information who worked on the car and speak with my service advisor.... Extremely unprofessional....
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      02-16-2019, 02:00 PM   #12
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You don't have the right to record people working in a private business.

A lot of service departments even have a notice saying they will unplug the device, or better yet, you should unplug it before dropping it for service.

Nothing malicious about it.
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      02-16-2019, 03:39 PM   #13
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Quote:
Originally Posted by 6ixSpd View Post
You don't have the right to record people working in a private business.

A lot of service departments even have a notice saying they will unplug the device, or better yet, you should unplug it before dropping it for service.

Nothing malicious about it.
Can anyone in the US confirm? Pretty sure this applies in NYS as well.
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      02-16-2019, 05:13 PM   #14
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Quote:
Originally Posted by AnotherM3 View Post
Quote:
Originally Posted by nate122 View Post
Which dealership?
I won't say any specific names, but it's in the Bay Area haha.
Sounds like Concord BMW. Never had a good experience there...
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      02-16-2019, 07:22 PM   #15
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Quote:
Originally Posted by NoHedge View Post
Quote:
Originally Posted by 6ixSpd View Post
You don't have the right to record people working in a private business.

A lot of service departments even have a notice saying they will unplug the device, or better yet, you should unplug it before dropping it for service.

Nothing malicious about it.
Can anyone in the US confirm? Pretty sure this applies in NYS as well.
The recording of people without notice depends on the setting and if there is an expectation of privacy. It's not the matter of being a private business; however, a private business can restrict what is allowed to happen on their property. So I theory, you could record a business from a public sidewalk with no expectation of privacy, but you once you're inside the business you may be asked to stop and leave. I guess it's an important lesson learned about what you should do before service.
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      02-16-2019, 09:16 PM   #16
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Quote:
Originally Posted by randrews15 View Post
The recording of people without notice depends on the setting and if there is an expectation of privacy. It's not the matter of being a private business; however, a private business can restrict what is allowed to happen on their property. So I theory, you could record a business from a public sidewalk with no expectation of privacy, but you once you're inside the business you may be asked to stop and leave. I guess it's an important lesson learned about what you should do before service.
I'm not a lawyer and I assume this situation is not applicable to wire tapping laws. If it is California is one of a handful of States that have the most strict laws. Interesting.

https://codes.findlaw.com/ca/penal-c...-sect-631.html

Bring silly here, but would the OP have to post notice of his camera and get consent of all employees prior to getting his car serviced. Then again, they were inside his property. It appears California doesnt have an exemption for this
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      02-16-2019, 09:23 PM   #17
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Quote:
Originally Posted by InnerBlueSkies View Post
Quote:
Originally Posted by randrews15 View Post
The recording of people without notice depends on the setting and if there is an expectation of privacy. It's not the matter of being a private business; however, a private business can restrict what is allowed to happen on their property. So I theory, you could record a business from a public sidewalk with no expectation of privacy, but you once you're inside the business you may be asked to stop and leave. I guess it's an important lesson learned about what you should do before service.
I'm not a lawyer and I assume this situation is not equivocal to wire tapping laws. If it is California is one of a handful of States that have the most strict laws. Interesting.

https://codes.findlaw.com/ca/penal-c...-sect-631.html
The law you found deal with wire tapping only. It makes no reference to video tapping that I could read. The courts have held public video tapping to be legal as long as it's a public place and other elements met. The wire tapping law in California is similar to other states that forbid it absent a court order. I think the core issue is someone at the dealership accessing a personal item without permission. It raises the question, can a business access an item that could have the expectation of privacy and delete or view items on it?
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      02-17-2019, 01:41 AM   #18
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Some dash cams are more OBVIOUS when they start and stop. I set mine to start when the car is on and stop when ignition is turned off. That said, I've caught some pretty interesting things on dash cam while I had my new-then 2014 red Camaro SS in for service. A passing tech pretended to spit on the car when he walked by. The tech who worked on it yelled out the open window while backing it out, "Big red dick coming through!" Finally, the service valet started the car and simply drove it in a big circle around the dealership, then back into the same spot in the service drive. It was entertaining.
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      02-17-2019, 04:27 PM   #19
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This is a little like the old adage "you really do not want to know how sausage is made."

A lot of repairs involve big hammers, big pry bars and lots of noise. Also, the banter in most shops I hang out at is not meant for public consumption. I asked the mechanics and shop owners that I know about dash cams and all of them unplug them while the car is in their shop. I can see their point. Think of it this way: would you accept it if your client demanded to install a camera to record what you did while working for them?

Find a shop you can trust and then trust them.
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      02-17-2019, 11:53 PM   #20
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They could’ve unplugged it as part of servicing your vehicle.

If you don’t want someone to drive or joyride your car service it yourself, no dealership can guarantee your car won’t be driven in ways outside of what you consider ok, whatever that is as it is subjective. I worked at a Bmw dealer previously, while I havent Beaten anyone’s car I definitely Have seen people that do, people that can’t quite drive a manual and people that just don’t treat a car the owner will. There’s not much you can do.
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      02-19-2019, 09:24 AM   #21
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Quote:
Originally Posted by AnotherM3 View Post
Recently brought in my M3 for a recall. Someone deleted my dash cam footage from the time it was there. I know it was deleted because of the file numbers are not consecutive. Anyone else notice that? Do they have a right to do that?
You can download a 'un-delete' program from google (use free-trial ones). run it for the SD card, typically they are good to pull old data out. sometimes the image gets distorted but, if something messed up happened, you would probably be able to see it. This is how you can also recover accidentally deleted photos or documents from harddrive.
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      02-19-2019, 03:15 PM   #22
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Quote:
Originally Posted by randrews15 View Post
The law you found deal with wire tapping only. It makes no reference to video tapping that I could read. The courts have held public video tapping to be legal as long as it's a public place and other elements met. The wire tapping law in California is similar to other states that forbid it absent a court order. I think the core issue is someone at the dealership accessing a personal item without permission. It raises the question, can a business access an item that could have the expectation of privacy and delete or view items on it?
I believe that's applies on public property, not private property or a business's property.
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