Legal Question in Business Law in New York

I'm not what rule was violated exactly. If the workers have no expectation of privacy where they are being recorded, which was the case here presumably, then the company is free to record them and would also be free to use any derivative made from those recordings in their business like a training video.

Employees may not necessarily need to give their express consent or in some cases this may be implied from the circumstances. But if it was the case that the video basically just shows the floor or workroom of the business I'm not sure what the problem would be. The employer would have also been able to just come out on the floor and take photos of it just like they can their parking lot. Anyone captured in the photo has no claim.

There are circumstances that might change the analysis like if the image was a close up of someone's face then this was placed into the company's bus ads without that person's consent. Then you have a violation of publicity and privacy.

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