People pull out their phones at the first sign of trouble these days, since it’s often the fastest way to document events and back up their side of the story. However, recording isn’t always legal in every situation. In some states, you need the consent of the people being filmed before hitting record.
Maryland is one of the original thirteen colonies in America and is known for its beautiful landscapes. It’s home to places like Baltimore and has a dense population. Maryland follows strict laws when it comes to recording people. Here, video recording without consent is considered a legal offense and can land you in trouble.
Maryland’s Laws on Recording People
The rule followed in this state is known as the “all-party consent” rule. It comes from the state’s Wiretap and Electronic Surveillance Act. In simple terms, you cannot legally record a private conversation unless every person in that conversation agrees. Violating this law can lead to fines and even lawsuits from those who were filmed without consent. Understanding these laws is essential to avoid trouble.
What Counts as a Private Conversation?
The law applies to conversations where people can have a “reasonable expectation of privacy”. That means homes, cars, and even phone calls, if they believe they’re speaking privately.
Public spaces, on the other hand, are treated differently under this law. In places where anyone can overhear a conversation, like at a park or a restaurant, people can’t expect the same level of privacy, and the law may not apply.
Penalties for Violations
If you violate these laws and record someone without their consent in Maryland, you could end up with a fine of up to $10,000 or even a prison sentence. In addition to that, people can file a lawsuit for being filmed without consent.
This means they can sue for damages, and you will be left with a record. What makes such lawsuits challenging is that the recording in question may not be legally admissible in court, making it hard to prove that there was no wrongdoing involved.
Exceptions
This law comes with a few exceptions. For example, law enforcement has the right to record people with a proper warrant. Employers are also entitled to record workplace communications, but with the appropriate notice.
The law also accepts verbal consent for filming people. This is why businesses often begin calls by stating, “This call may be recorded.” By staying on the line, you are giving your consent to be recorded.
Why This Law Matters
The Maryland wiretap and surveillance law protects people’s privacy by requiring consent for recordings. This gives people the control to decide whether their conversations are public or private. It protects people from being misrepresented in personal, workplace, or legal disputes.
Trying to gather evidence without consent can backfire, which is why it is essential to avoid using underhanded tactics. The best approach you can use is to ask for permission.
Key Takeaways
- Maryland’s laws are pretty strict when it comes to recordings, protecting people’s privacy, and ensuring recordings are not misused.
- Those who violate these laws risk facing civil and criminal charges.
- When attempting to gather evidence against wrongdoing, it is best to do so openly and legally to avoid the evidence being inadmissible in court.
- Those who are in or traveling through Maryland must be mindful of these laws to avoid facing legal charges.
- If you find yourself in any trouble in relation to this law, it’s best to hire a lawyer to defend your side of the story and protect your rights.