35
votes
Accepted
What is the legality behind hearing aids if we cannot digitally record audio without consent?
california
California penal code section 632, which prohibits electronic eavesdropping and recording, provides:
(f) This section does not apply to the use of hearing aids and similar devices, by ...
18
votes
Is it legal for google street view images to see in my house (EU)?
germany
In Germany, taking pictures - and publishing them - is legal, if they're taken from public areas, from the general perspective of a passer-by, and if the picture doesn't make individual ...
16
votes
Accepted
Is recording someone without their direct knowledge in one's own home legal?
In England and Wales, in general it is legal to make a recording in one's own home without the knowledge or consent of the other participants.
In general the law with regard to recordings is more ...
15
votes
Accepted
Is non-consented video recording admissable evidence in a civil trial in Maryland?
Short Answer
Is non-consented video recording admissable evidence in a civil trial
in Maryland?
Yes.
Long Answer
I am assuming t hat the person who took the video was not a law enforcement officer ...
14
votes
Can a police officer film me on their personal device in my own home?
The video is a record created and possessed by the government, documenting government activities. It is a government record, and probably a public record under the Illinois Freedom of Information Act.
...
14
votes
Accepted
Can you film the police while they search your premises?
united-states
Yes.
The right to film police carrying out their duties is constitutionally protected. See, e.g, ACLU v. Alvarez, 679 F.3d 583 (7th Cir. 2012) and Glik v. Cunniffe, 655 F.3d 78 (1st Cir. ...
13
votes
Accepted
If other party notified me that phone conversation is being recorded, do I need to tell them if I am also recording it?
You do need to know the location of both parties.
U.S. Federal law (18 USC 2511(2)(d)), which prohibits the interception of wire and electronic communication, states:
It shall not be unlawful ...
11
votes
When can a US police officer stop me from recording our encounter?
According to the ACLU, in the U.S.:
Taking photographs and video of things that are plainly visible in
public spaces is a constitutional right—and that includes police and
other government ...
9
votes
Can my apartment neighbor install a camera that looks at my door?
I would agree with @DaleM that it is probably legal to install such a camera, however I think that you may have recourse -
Apparently, California has Civil Stalking Laws and you may be able to get a ...
8
votes
UK: if you are being recorded by a business why don't you have a reciprocal right to record them at the same time?
Because you are on their premises and they get to decide what people can or can't do while on their property. This has nothing to do with if recording is legal or not, it has to do with basic property ...
8
votes
Trespassing on public property for filming a public area in California
Generally, if someone asks you to leave their property you have to leave*. Just because a place is owned by the public, doesn't mean anyone can go there any time they wish. Military bases, firehouses, ...
7
votes
Is it legal to record someone who explicitly tells you not to?
This very much depends on where you are. Different jurisdictions have wildly different laws about this.
Some places are very permissive. You can record a conversation that you aren't even a party to ...
7
votes
Can I get around the law of not recording a phone call unless the other end knows by making the call on a speaker in my house?
The law 'doesn't care' how the call is recorded. What matters is whether or not you should inform / should have informed the participant(s) in the circumstances.
In circumstances where you are acting ...
7
votes
Is it legal for google street view images to see in my house (EU)?
Yes
australia
In R v Sotheren (2001) NSWSC 204 Justice Dowd said “A person, in our society, does not have a right not to be photographed.”
The tort of breach of privacy requires a reasonable ...
6
votes
Can my apartment neighbor install a camera that looks at my door?
Is there anything I can do?
You can ask your neighbour to remove the camera or aim it so that it doesn't capture your door/window.
Is this legal to install such camera?
Yes; assuming that the ...
6
votes
Accepted
Does a wife have to ask her husband to record their conversation without consent?
In California, all parties to a conversation (people being recorded) have to agree to a recording. There are no special rules pertaining to husbands and wives. It is sufficient that the parties are ...
6
votes
Is it legal to record TSA agents?
TSA states
TSA does not prohibit photographing, videotaping or filming at
security checkpoints, as long as the screening process is not
interfered with or sensitive information is not revealed.
...
6
votes
Accepted
Can you de-identify a lawfully recorded audio-only call to lodge with the court and offer into evidence?
If Bob acknowledges how he has altered the evidence at the time he submits it, there shouldn't be any issues with it turning into falsification, which generally only becomes a problem when it's done ...
6
votes
Can you film the police while they search your premises?
australia
Yes
You can film anyone in public or with the permission of the occupier of private premises (voyeurism excepted).
6
votes
Is one allowed to operate a live-feed drone on the streets in Japan? (Yakuza Judgement)
in japan operation of an unmanned airborne vehicle, aka UAV, aka Drone, inside a city might be legal, if a special license is obtained:
Drones may not be flown in the following manners without ...
6
votes
Accepted
Can a breach of privacy occur when surveilling a public space through which 3rd parties have no choice but to pass?
Yes, that might be a violation of data protection law such as the DPA 2018 / UKGDPR, but not necessarily so. It depends on the details, for example on the purpose this camera serves.
Background on ...
6
votes
Accepted
UK GDPR Transcribing calls
GDPR seems quite clear that if you are recording calls, video and/or audio, you must get consent.
Wrong.
The GDPR requires that your have a legal basis for processing personal data. Consent is a ...
5
votes
Is it legal to record conversations with police?
In New South Wales it is entirely legal to film police (or anyone else). However, as discussed (What is considered "public" in the context of taking videos or audio recordings?) audio ...
5
votes
Accepted
Can I record a phone call made to the office of my congressman or senator?
"One-party consent" law governs recording of conversations in New York state and under federal law. What that means is that a conversation can be recorded, provided one of the parties consent. You can ...
5
votes
Accepted
Can I track vehicles that drive around my property's roads?
You can basically take pictures of anything from your property if it is "public" (i.e. easily visible from your property). People on the road are in public, and have no reasonable expectation of ...
5
votes
Accepted
In France, is it illicit to use a recorded content as a proof, when the person was recorded without knowing it?
Yes, this can land you in jail, no matter what
In France, per article 226-1 du code pénal recording without consent may be punished by one year in jail and 45000€ fine. Any recording without ...
5
votes
Accepted
Is it illegal to record a voicemail greeting?
A voicemail greeting, like any original sequence of words, will be protected by copyright. Making and publishing a copy without permission would be an infringement of that copyright, and could subject ...
5
votes
Are recorded conversations regarded as legally binding contracts?
You asked the rep about how to change some details on your account, and asked him about the cost. It is clear from the recording that you are not changing anything right now. I can't see anything ...
Only top scored, non community-wiki answers of a minimum length are eligible
Related Tags
recording × 141united-states × 35
privacy × 29
california × 15
phonecall × 15
united-kingdom × 14
canada × 13
evidence × 13
police × 12
consent × 10
copyright × 8
criminal-law × 7
wiretapping × 6
massachusetts × 5
washington × 5
european-union × 4
new-york-state × 4
maryland × 4
gdpr × 3
england-and-wales × 3
first-amendment × 3
france × 3
workplace × 3
photography × 3
witnesses × 3