What Can We Learn From a Coldplay Concert? A Surprising Lesson in Privacy Law

Ay-yay-yay! I can’t resist.

It’s like we were all there when the Astronomer CEO and the paramour Head of HR were caught on the jumbotron of the “World’s Favorite Least Favorite Band” concert having an affair last week.

So, the obvious question is:

If the concert was in Florida (it was in Massachusetts), could the disgraced CEO sue Coldplay?
Does Florida provide any protection from being filmed while engaging in adultery?

The Short Answer: No.

Your gut instinct is right. The answer is NO.

Since both the CEO and HR rep voluntarily attended the public concert, they waived their right to privacy. That’s right—when you’re in public, you have no right to privacy.

In Florida (and generally), one can be filmed in public without consent, but there are important exceptions.

Here’s a Quick Breakdown of Florida Law:

• Public Spaces:
  Florida law generally allows video recording in public places where there’s no reasonable expectation of privacy.
  This includes streets, sidewalks, and publicly accessible areas of businesses.
  
• Reasonable Expectation of Privacy:
  If someone is in a place where they reasonably expect privacy (like a home, hotel room, or restroom), recording them without consent, especially with audio, is likely illegal.
  
• Audio Recording:
  Florida is a “two-party consent” state for audio recordings.
  This means you generally need the consent of all parties involved before recording a conversation.
  
• Exceptions:
  There are exceptions to these rules, such as:
  
  • Recording police interactions in public
    
  • Recording criminal activity
    
• Filming in Public Buildings:
  Some public buildings, like courthouses, may have restrictions on filming.
  
• Permits:
  Florida doesn’t have a statewide filming permit requirement, but cities and counties often have their own rules, especially for commercial filming.
  

So, What Did We Learn?

• It’s easy to become part of the show if you’re not careful (and I do love the show!).
  
• Filming in public is generally permissible, but the context matters.
  
• Be especially cautious when it comes to:
  
  • Privacy expectations
    
  • Audio recording laws
    

That jumbotron moment? Legally sound—morally questionable. Welcome to the modern public stage.