Understand your state's laws on audio recording!

[akelley 0]

Many states have laws restricting audio recordings if one or more in the party are unaware that their voices are being recorded. Here's a recent situation where a police station had many security cameras installed, instructed the vendor to disable audio recording, but somehow they were recording audio anyway. This has now turned into a potential legal nightmare for both the police department and the installer.

 

So, word of caution - if you are an installer, make sure you're clear on the laws in your state regarding audio recording (or wiretapping as it is referred) and follow them - even if what the customer wants may be questionable. If you're a private residence, I believe you still are held to these laws and cannot record someone's voice in your home if they are unaware and do not (or cannot) give consent.

 

Of course, I am not an attorney (I'm just some guy on the Internet), so don't take anything I've stated here as fact or legal advice! Contact someone who is, and is familiar with the laws in your country/state/city/town, etc.

 

http://www.nj.com/news/index.ssf/2013/12/listening_devices_in_edison_police_headquarters_secretly_recorded_discussions_of_officers_attorneys.html#incart_hbx#incart_best-of

[thewireguys 3]

ADI will not even give me pricing without signing a waiver in PA

[buellwinkle 0]

It also may be against Federal wire tapping laws aka Electronic Communications Privacy Act but some states are more restrictive. Federal law appears to allow recording with the consent of one party. This means in a private situation in your home, you maybe OK since you give consent, but what if the thief's alone, then no party is consenting. He may have violated you, but you violated him. Imagine going to court, you present your video with audio and the judge throws you in jail.

 

The 12 states require all parties to a conversation to consent before it can be recorded are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington. (In California, there is an exception – you can record a conversation with the consent of only one party if certain criminal activity (kidnapping, extortion, bribery or a violent felony is involved).

 

On the other hand, can you have a sign saying that by entering the premises you are consenting to have your voice recorded?

[mechBgon 0]

Thanks for bringing this up. I checked Washington's state laws, http://apps.leg.wa.gov/rcw/default.aspx?cite=9.73.030

 

Section 3 says

Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.

 

It looks like an audio-recording sign at a business's entrances would be a solution here.

[icamera 0]

The 12 states require all parties to a conversation to consent before it can be recorded are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington. (In California, there is an exception – you can record a conversation with the consent of only one party if certain criminal activity (kidnapping, extortion, bribery or a violent felony is involved).

 

So in Pennsylvania all party's need to agree to be recorded for a recording to take place? So what if you are filming outside in a park (with video camera) and you accidentally capture someones conversation.

Are you breaking the law?

Or is public streets, sidewalks, parks, etc. excluded?

 

On the other hand, can you have a sign saying that by entering the premises you are consenting to have your voice recorded?

 

This is called implied consent right? What if the person claims they didn't see the sign?

 

I guess you have to make everyone who approaches your home sign a memorandum of understanding that their voice, image and likeness can be used license free in print, want ad's, TV, etc with no royalty or compensation. lol....

[buellwinkle 0]

Since we use mostly Mobotix or Axis with built in microphones, I have double check the installer turned audio off.

[MasterVal 0]

This is a starting guide I use for reference on voice recording:

 

http://www.rcfp.org/reporters-recording-guide/tape-recording-laws-glance