Is it legal to record someone without consent? (Ask a Lawyer Ep-15)
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- Опубліковано 23 сер 2024
- In a one-party consent state, it is legal to record a conversation or interaction if at least one party involved in the conversation consents to the recording. This means that if you are a party to the conversation, you are legally allowed to record it without informing the other parties. However, please note that it may be considered unethical or impolite to do so, and this will depend on each specific context and the local laws.
It's also important to note that it's common for states to have different laws for in-person and over-the-phone conversations and some one-party consent states may have different exemptions, such as a ban of recording in private places without consent.
The legality of recording someone depends on the jurisdiction and the circumstances under which the recording is taking place. In some jurisdictions, it is legal to record a conversation if at least one party to the conversation consents to the recording, while in other jurisdictions, all parties must consent. Some jurisdictions also have different rules for recording in-person conversations versus recording phone conversations or other electronic communications. Additionally, there are also state by state and federal laws regarding recording. It is generally recommended to check and abide by the laws of jurisdiction where the recording would take place.
You're not mike
Very astute observation! 😀
@@MatthewHarrisLawPLLC you still can have my sub
Do they have to make it clear they are filming you? I was secretly recorded without me knowing it
This is nullified if they are in public
@@MatthewHarrisLawPLLC
What about a job interview over the phone? I just had one and he asked for my age and said he doesn’t want to hire lazy 20 year olds. Was he not committing discrimination?
Being tapped can ruin your life. Did mine..
That stinks. Sorry. 😢
I feel anyone against this should push for it to be illegal. You can always put in an inquiry very easily on your Governor's contact page. Just go to contact us fill out a concern or feedback form. It should be "Illegal" in every single U.S. state to record or take pictures of people without their verbal consent if the intent was to mock, insult, basically completely invading someone's privacy and post on their social media for money or views. What if the person they are recording is a DV victim hiding from their abuser. This is a form of harassment and stalking.
By doing that whether in your place of residence or in public is not good.
Especially as you stated some very good reasons in your comment.
So many lives have been destroyed by allowing others to do so for their own personal gain.
Most definitely harassment and stalking has been done to so many others across the US.
Wanted to thank you for the NPD mediation tips. It really helped. After 9 years of litigation, multiple courts, supreme court and retrial, it's over for good.
That's amazing! I'm so glad you finally achieved a resolution. ❤️
Ethically it’s just wrong. Don’t include strangers on your stories it’s creepy
Well, if you're recording someone acting a fool in public to document it, then I can understand. If you're just recording some stranger and their family to get a reaction for content, then I agree that would be wrong.
@@MatthewHarrisLawPLLC ♥️
@fhatibu695 What about a landlord coming in with strangers to do "inspections"? I try to record when possible. I'm concerned they could be recording with their phone, since one of them went into my bedroom without my knowledge or consent, using only their phone flashlight to snoop around.
Finally! Someone that thinks how I do. I went round and round the tree with a keyboard warrior over a video of a "encounter with a Karen". He knows it's wrong. He just argues the same point over and over because he thinks the videos are funny. Videos of people "exercising their free speech right" as they claim is a guise. I already know my rights. I don't need to watch a video of somebody being harrassed to know my rights. It really has nothing to do with exercising their rights. It has everything to do with trying to get nasty reactions out of people so they can create clickbait videos on youtube and grow their channel and sadly, it's all based on lies because most of their encounters turn into ugly disputes because of complaints against them vs the recorder getting attacked as that's how they frame it. It's ridiculous. Recording without consent, especially when it's done only to tease someone, should be outlawed. I wrote a letter that included links to videos I watched and mailed to my state capital. Laws regarding recording need to be re-examined, especially when a video goes viral of someone and viewers post very mean comments about the person. It's another means of cyber bullying. That's the biggest danger. They find pleasure in abusing their free speech rights and my biggest fear is our rights being taken away because too many people abuse them in order to hurt other people. It's sad we live in that kind of society of people only thinking of themselves.
I get recorded at my job a lot bc it’s interesting (I work for a national park) in a positive way and it still makes me feel so weird, especially when I’m hot and exhausted
you need to define record...this applies to private conversations (wiretap laws)
in all states you can video and audio record anyone in public
Noooo. Not true. Just because people are public doesn't mean that they lose their right to privacy. It would depend on how the conversation is happening. In the middle of a crowded subway? No privacy. Sitting on a park bench speaking quietly? Expectation of privacy.
@@MatthewHarrisLawPLLC in regards to conversation i am not that versed on the law,but yeah two people sitting on a bench have reasonable expectation that the benched isnt wired
however,i guess you need to define record,because those two people on the bench can be video recorded and they dont have the expectation of privacy (and i am talking about openly recording not covertly idk what applies to covert)
@@MatthewHarrisLawPLLC and to further your example if you are talking on that bench but screaming so the entire park can hear you,privacy jumped ship before that level of talking
Important to add YOU ALWAYS have a right to record the police in the course of their duty, as well as other public officials in these two party consent states.
@@JerHetrick again,if you are on public property you can always record anyone,1st amendment supersede any state or local law.
More of Matthew's legal wisdom! Thank You, Sir!
It's not much, but I give what I can. 😁
Really think you should have added in private to this because it doesn't apply to being recorded in public. People are going to see this and think they need to consent to being recorded in public...
Exactly
11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
@2inspire4life7 correct, WHEN RECORDING IN PRIVATE. When in public places there is no expectation of privacy and there is no consent required in all 50 states...
Can we record a judge who's being bias, breaking the law & making threats ? Please, enlighten me on this law. Thank you.
if it is in public yes
Hi. What if you were part of a content they're making (prank) and that you are not comfortable being in the video for having serious anxiety disorder that can cause emotional stress? Does it matter if you tell them?
was the video been took in public place? if yes then you probably have no choice whatsoever
however, its best you consult a lawyer that can analyse all the circumstances of your case under attorney-client privilege
11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
Good job, Matthew!
Thank you! I always appreciate your support Miss Debbie. ❤️
Great info, Matthew! Thanks!
Glad it was helpful!
Serious Question: If I (in NY) recorded an online predator (in WA) that admitted to exposing himself to underage teens and tried to meet them irl is it illegal to record?
YOU ARE NOT SUPPOSE TO INVADE ANOTHERS PRIVACY IN THE RESIDENT IN NYC BY HIDDEN CAMERAS THROUGH THE CEILINGS,WALLS,OR HIDDEN TAPPING DEVICES. CORRECT?
where did you record him?
These videos are super helpful
Not good advice.
He's supposed to be a lawyer but he's never heard of the Constitution of the United States of America
I have a slightly more complicated question. It's actually two questions:
If I live in a one party consent state, can I record another person who actually lives in a two-party consent state without their consent or knowledge?
To further complicate it, I live in Virginia. Can I make such a recording someone who lives in Ireland?
I fully appreciate if you cannot answer those questions. For I fully appreciate if you cannot answer those questions.
Are you sure that is correct for Illinois there are law articles online that indicate Illinois is a 2 party consent state as of 2024. So I am asking as of the year 2024 is Illinois a one or two party consent state?
Ok, so I'm in kentucky. If someone calls my phone and I start recording. I am covered by one party Consent? Thanks in advanced Matt!
what if I try to catch my parents talking trash about me without them knowing, is that illegal
Yes, that's illegal. However, if it is through a security system that they are aware is installed, then they likely do not have a reasonable expectation that you wouldn't hear their conversation.
@@MatthewHarrisLawPLLC thank you so much, but his is in any state right?
This might be my new favorite YT lawyer 😅
I live in Michigan. For 14 years my cellphone calls, text, pictures and voice journals have been shared with unwanted 3rd parties. How do I end this?
Federal law requires the consent of at least one party before recording in-person, telephone or electronic conversations. 18 U.S.C. §§ 2510, 2511. It therefore establishes the minimum consent requirements across the country, though states may impose stricter rules.
11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
Does this apply to video recording or only audio recording?
That needs to be changed. What about our right to privacy? Some asshat runs up and shoves a camera in my face and I can’t even tell him not to because that would mean I am participating in the conversation. A fist in the face is the only alternative to get them to leave you alone and then you are the one who gets arrested. Pure bullshit.
That's the 1st Amendment. People have a right to record in public whether you want to be recorded or not. However, did you hear of the acquittal this year of Alan Colie for self-defense after he shot a UA-camr who repeatedly put a cellphone in his face?
@@MatthewHarrisLawPLLC Wow that's interesting. Let's say I catch someone recording me I ask them to please stop they don't, so I grab their phone throw it and break it. Is this self-defense too? Sounds silly but no serious question because that's what I would want to seriously do.
@@Imaginationvibezzthat would be destruction of property which is a crime if you don’t wanna be filmed than walk away
@@Imaginationvibezz You should never go out in public again if you do not want to be recorded. I am being serious, you are being recorded from every store, every car with a dash cam, traffic lights, cops, most cities have cams recording open public spaces, banks, every public building and random citizens recording stuff. If you are in public and someone is recording you, toughen up buttercup, there is nothing you can do about it. Or do you think the Supreme Court which decided this is a Constitutionally protected activity to be wrong?
In a Simple Assault case ( with a Counter Complaint ), the judge let the other party go to work, she then red the penalty should I be found guilty. I asked her what system of law is she using, she threatened to put a warrant after me & hold me in contempt. It was all virtual, I recorded her. Is it a crime the fact that I RecoRded her ?
But can you record
someone from
a two party state
If you call from
a one party state
or vice versa
In other words, every individual involved in a conversation must be made aware (and agree to) the recording of the phone call. Those states are California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
The q party consent is ONLY for audio. You can still record without consent in any state if you don't record the audio.
Also depends on expectation of privacy
Does it matter where the other person lives? Or is the law only applicable to the one making the call?
So, according to this lawyer, you can still record someone in Massachusetts without their consent? The recording gig on UA-cam people are doing is stupid. They need to go find real jobs and stop harassing the public. I hope laws are eventually passed that prohibit unconsented recording.
Thanks Man, YOU CAN RECORD SOMEONE WITHOUT THEIR CONSENT!
In a one party consent state, can the conversation be shared outside of the court room? Can it be shared to social media for awareness?
It sure can! It's your video, so do with it as you please. However, you should be mindful if it contains sensitive information that could be construed as private. (medical information, SSN, etc.)
@@MatthewHarrisLawPLLC medical information for example,unless you are hipaa trained it doesn't matter,a random citizen isn't responsible to protect your medical information if you share them freely
Thank you for this!!!
Anytime! Glad you found it useful. 😊
I was recording being in an emergency room when I was surrounded by staff demanding I delete my video. Did they violate my rights?
Are you talking about phone conversations or video and audio recording in public?
Both!
@@MatthewHarrisLawPLLCbut I thought if they're in public, they have no expectation of privacy, so you legally can record them with or without permission in 2 party consent states?
@@MrFallior Well, this video is focused on 1-party consent states. I think you are correct as the general rule in 2-party consent states, but every state is different so you'll want to check your specific state's rules if you live in a 2-party consent state.
@@MrFalliorwhat he says generally applies to where you have a reasonable expectation of privacy. if you are in public you can record anything as its protected under the first amendment
NO OTHER CAN VIDEO RECORD IN THE PRIVACY OF THEIR PLACE OF RESIDENCE!
So in Texas they do need consent ?
Negative. Texas is a 1-party consent State.
All I needed to know! Thanks man 😅
is it legal in alabama
Like if someone ever threatened me, why should I not be able to record that type of conversation, no matter what state I'm at?
Any place open to the public, public property, government owned, your own private property, private property that is not yours but the owner allows you to record and any place visible to the public eye can be recorded, doesn't matter if it's a conversation or not
Cool info
Thank you! I was pretty proud of myself for getting that list right on the first take. lol
What about if someone tap the call from abroad of a Congressman or woman without consent ?
If it wasn't a governmental entity with a valid search warrant, then it is illegal. It doesn't matter which state you're in because that would violate federal wiretapping laws.
Recently , the Pakistani government tapped a call between a former PM and Congresswoman Maxine Moore Water and made it viral for their political gains. How do US state laws deal with other governments for such violations.
family youtubers be like:
The 5th district Court of appeals in Florida just ruled that you can secretly record police in Florida.
@@CONSTITUTIONAL_ENFORCEMENT_OFC I have a question. What if you call a government office that's not a police officer and you ask them a question of a public employee and record their answer? Talking about Florida.
Legal/Illegal?
@headpainter1 I think it would be illegal. It was specifically in regards to law enforcement. Even though one could argue that government is involved with laws, they are not specifically enforcers of the law.
@headpainter1 I still always say "I'm on a recorded line". People hear that so much and disregard it that when you say it like that the brain does the same thing and disregards it. Also, if used in court, you did notify them they were being recorded. Makes the recording stronger, in my opinion.
You listed michigan as a 2 party consent state? Everything i can find says michigan is a one party consent state.
11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
Michigan is a two party consent state?
Funny you should ask. Michigan isn't necessarily a 2-party consent state, but it definitely isn't a 1-party consent state.
Here's an article that explains it better than I can. www.natlawreview.com/article/setting-record-straight-recording-conversations-michigan-one-party-consent-state
@@MatthewHarrisLawPLLC 11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
Can I use a voice recorder when I pick up my daughter every Sunday…. Can I just have it on just incase if they wanna act up?
It depends on what state you're in. If you're in a 1-party state, then you're probably safe. If you're in Texas, then you're absolutely safe.
@@MatthewHarrisLawPLLC I’m in Los Angeles would I be able to do that ?
Here are the most common places where a security camera could get someone who is recording into trouble:
Bathrooms
Bedrooms
Changing rooms
Locker rooms
Hotel rooms
@@capitale274 11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
That doesn't make any sense if somebody's threatening to kill me I think it's okay to record them saying that to me to take them to court
If you're in a 2-party state, then you might actually be restricted. You should talk to your state legislature for having dumb laws. lol 😁
I wish you would specify that this is for audio only and for places that are private, not in general like out in public.
Well there are places in public that recording could still be prohibited from recording even in a 1-party state. It depends on the expectation of privacy.
@@MatthewHarrisLawPLLC In your apt/home if you have not been consented or made aware of.
11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
Matthew, I thought there is a difference on video recording vs phone voice recording?
I gave you an air highfive 🖐️ on that one shot!
I was quite proud of myself and our editor insisted on keeping it in. 😆
Yes! Phone voice recording has its own issues if you're on an interstate call with someone in a 2-party consent state.
@@MatthewHarrisLawPLLC
11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
Ok I need advice my guy friend said he had his cousin record me yes we was imatiepment but after the argument he text me and said someone recorded us. So can I file charges yes he invited me over but I didn't know I was being recorded
If the person who recorded you was a part of your conversation, then the recording might be legal if you're in a 1-party consent state. The same is true if the person who recorded you wasn't part of your conversation, but someone who actually was a part of your conversation gave consent to the recording.
If you're in a 2-party consent state, then it might not be legal.
11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
I'm embarrassingly kinda confused.... I'm in Arizona😅,.....
Thanx
My pleasure. 😁
Ive heard in ore u cant face to face record without consent from both parties! But u can record over the phone with only one party consent!
I haven't researched it yet, but if you're correct, that's a terrible law!
This is only when the conversation takes place in a private setting. If you're in public, I can record you without even letting you know. Whether I'm in the conversation or not.
In states where it is illegal to record private conversations or video. In those states you can record video and audio in a private conversation when there is a commencement of a crime. Such as threatening you, to kill you, even if they turn around and punch someone you can record. If they are smoking meth or drugs during that conversation then you can record audio without permission and also video
@@JustinRhythm42what about taking your money like a con artist?
@@user-uv4wn2xx7o just like Donald Trump, hunter biden, and all those crooked politicians do. Well thank god i am not one of them. Those are one the lowest scums to walk the earth along side rapists and pedoohiles.
If the people are in a background, then yes because obviously you aren't gonna ask hundreds of people for their permission. Just don't like record and follow one person for like 20 minutes, because that would be very rude.
@@victorious2863 thats two different things mate,recording and following,if i stand on one public place and i record you for an hour is not illegal,if i start following you then it might be considered stalking and/or harassment
Thank you That was uniquely nonhelpful.
lol. You're welcome?
One party consent state or not. It is a first amendment right. And the constitution holds more weight than the law. So if constitution says yes, and law says no. Guess what the answer is? Yes.
In public it don't matter what state
Well, not quite. There can be public instances where recording still isn't permitted in 2-party consent states.
@@MatthewHarrisLawPLLC Just curious, do those laws Correspond with the constitution?
@@b.c6015 So far they've been upheld.
@@b.c6015 Posting private photos and videos online without your permission can potentially constitute a violation of your privacy and, in some cases, may be illegal. The specific legal remedies available to you can depend on the laws in your jurisdiction.
@@b.c6015 Yes
You left out Utah and federal. Record any way most of all heading federal
Illegal recording is a felony that can give rise to civil damages under NC law
you gotta define what recording is illegal though
Unless you’re in public. Then you can record without consent.
So, my question is, If I record my conversation with someone else,
Let's say with a little recorder. And they don't know, I'm recording.
It's illegal.
I'm in New York.
If New York is a 1-party consent state, then your consent is sufficient to record.
@MatthewHarrisLawPLLC thank you. And yes it is
@@MatthewHarrisLawPLLC 18 U.S.C. § 2510.). This law prohibits the secret recording of an oral, telephonic, or electronic communication that other parties to the communication reasonably expect to be private. However, if at least one party to the conversation consents to the recording, the recording is lawful.
@@MatthewHarrisLawPLLC 11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
How about these so called 1st amendment videographers that want to cause problems with the cops, but dont have their permission. They video other people too. From public lands. What if they refuse but its posted anyways.
They ban abortions but recording random people is legal wtf..
what about london ?
Great question! Although I'm not licensed in the UK, I did find this information from The Sun. It looks like it might be legal for personal use, but extremely limited for publication or distribution.
(www.the-sun.com/news/1747233/illegal-record-conversation-uk-permission/)
@@MatthewHarrisLawPLLC thank you!
It is my pleasure. 😁
Washington state is an all party consent state, not one party
Yeah i don't think the information here is up to date. Because he listed michigan as a 2 party consent state. And we're not
Boom 💥 !
Well I heard Michigan, so I guess consent is needed
Michigan is actually a very odd duck when it comes to 1-party vs 2-party. It is easier to think of it as a 2-party state, but that's also not exactly correct. It lies somewhere in the middle.
Here's an article that can explain Michigan's law better than me. 😁
www.natlawreview.com/article/setting-record-straight-recording-conversations-michigan-one-party-consent-state
@@MatthewHarrisLawPLLC thank you 😃
@@michelmo7195
11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
Nm is a single party consent state
11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
BOOM! 😂 ❤
State law does not Trump the constitution of United States of America
Your limited legal brain needs to make the distinction between public and private recording.
Your law degree needs to be revoked for incompetence.
I didn't say anything about public or private recordings. What did you hear?
I covered ALL recordings in 1-party consent states and didn't even try to address public/private recordings in 2-party consent states.
If you'll open your mind, and not be so quick to use harsh words, you might learn something. 😉
In one-party consent states, you can legally record conversations and interactions YOU are party to, even if your recording device is concealed and others are unconscious to it.
dorky
Oh, I whole-heartedly agree. And my Dad-Jokes are the worst! 😆
Appreciated it though! I showed this to my class of video art students to give them the run down on one party consent!
@@bradym That is outstanding! It is an honor and a privilege to educate. 🥰
You know, your class may also find some benefit from our video on recording police in public. ua-cam.com/video/n63J4jTTnZc/v-deo.htmlsi=2BOOwyRR7rBO1XPL
Wait, what? You confused me now dammit
pretty simple
Oh my dog ... what's the answer ?
? What's the answer to what?
Recording someone ... I get it ... depends on the state 🤓
@@labretbear Depends on the state and location.
11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
WIRETAPPING 👇🏼
ALSO NOT IN A PERSONS PLACE OF RESIDENCE WITHOUT CONSENT DOES APPLY IN ONE PARTY STATES.
THAT IS INVADING PRIVACY.
What if they, not government or police, put cameras in your house and has it live streaming ? What if you were in someone else's house and your going out with the owner and you find out that they have cameras in the bedroom and it live streaming yall having sex ? What if they are selling it ? Wv.
Yes, Unlawful Surveillance is a serious offense. Setting up a cam or recording device whether it's on your mobile phone, buried in a clock or disguised as something else to record women having sex, using the bathroom or changing clothes
Surveillance abuse is the use of surveillance methods or technology to monitor the activity of an individual or group of individuals in a way which violates the social norms or laws of a society.
In North Carolina it's a felony to record someone without their consent
record how? video record in public places for example? NC state can go screw themselves because that's covered under the 1A
Get us to the point!! Sir?
While it's legal to record in public, you should avoid capturing faces. This is because you need people's permission to post their photos online. The right of publicity is applicable if you use someone's face for commercial purposes. It's illegal to make money from a person's video recording without their consent!
11 states require all parties to give consent for audio recording
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
Nevada
New Hampshire
Pennsylvania
Washington
Recording a simple conversation is just rude. Crossing boundaries and disrespectful.
But it's legal in any state and along as it's on your property or the public
Then leave America ever hear of the Constitution
WOOOOOOMP WOOOOOOOMP
In California, it depends, what the content of the video.
Doesn't matter in any place of US land. Even if it is a conversation, there is not expectation of privacy in public.