What Can I Do If Someone Recorded Me Without My Consent?

If someone is recording you without your permission, you might understandably feel like your privacy has been violated. You may be angry or even afraid. But is recording you without your consent illegal? The answer to this question is more complex than you might think.

Are you wondering, “What can I do if someone recorded me without my consent?” Here’s a closer look at your options.

Can Someone Record You Without Your Permission?

Generally, if you are in a public place, it’s legal for someone to take a video or audio recording of you. However, if you’re somewhere where you have a reasonable expectation of privacy — like in your home or in a locker room — it’s typically illegal for someone to record you.

There is one notable exception here. If you live in a one-party consent state, a conversation can be recorded if one person involved in the conversation gives their permission. These recordings can even happen in your own home.

Federal Recording Laws and Your Right to Privacy

The Federal Wiretap Act is one of the most significant privacy laws. This law generally prohibits unauthorized interception or recording of calls, texts, emails and other kinds of communication. However, it includes key exceptions:

• With a warrant, law enforcement may access these communications
• Communication service providers may access them while doing business
• In many cases, recording is allowed when one party consents

It’s important to note that the Federal Wiretap Act sets a baseline expectation of privacy, and states may create stronger privacy laws if they wish.

The Fourth Amendment also protects privacy rights. Specifically, it protects citizens from unreasonable intrusion by the government.

Suing for Recording Without Permission by State

Laws for video recording are fairly similar across all 50 states. Generally, if someone wants to record you in public, they can — but they may not record you on your own property or where you could reasonably expect privacy.

However, states have differing laws when it comes to audio recording. Whether you can sue someone for recording a phone call or other conversation without your permission depends on whether you’re in a one-party or two-party consent state. A few states have laws that are effectively a mixture of one-party and two-party consent laws.

One-Party Consent States

In a one-party consent state, a conversation can be recorded if one involved party gives consent. The following states have one-party consent laws:

Most states have one-party consent laws, but some states are more restrictive when it comes to recording.

Two-Party Consent States

“Two-party” consent laws could be more accurately described as “all-party” consent laws. A state with two-party consent laws requires you to have the consent of all parties involved in a conversation to record it. These states generally require the consent of all parties to have a conversation recorded:

It’s important to note that these states generally have exceptions. For instance, law enforcement officers may be able to secretly record conversations when investigating a case.

States With Mixed Recording Laws

A handful of states have laws that don’t neatly fit into one category:

• Connecticut requires one party’s consent for in-person recordings and the consent of all parties for electronic recordings
• Illinois requires one party’s consent for private communications but is otherwise a two-party consent state
• Michigan is a one-party consent state only if the person recording is part of the recorded conversation
• Oregon requires one party’s consent for electronic communications and all parties’ consent for in-person conversations
• Wisconsin is a one-party consent state, but for a recording to be used in court, all parties must consent to the recording

Sometimes, a state’s recording laws are more nuanced than they initially appear. If someone has recorded you without your consent, an attorney can help you understand whether your rights have been violated under the law.

Video vs. Audio Recording Laws

Many states treat audio and video recordings differently under the law. Wiretapping laws usually cover audio recording, and the legality of recording audio depends on whether you’re in a one-party or two-party consent state.

Video recording, on the other hand, is typically governed by privacy laws. These laws can differ by state, but generally speaking, recording video in public is legal because there is no expectation of privacy.

What About Phone Calls Across State Lines?

For recording conversations that happen in person, one-party and two-party consent laws can be straightforward enough. However, if you’re on a phone call between a one-party consent state and a two-party consent one, you might not know which law applies.

In past cases, the court has often applied the laws of the state where the injury occurred. For example, in 1995, the New York Supreme Court heard a case where a man sued reporters for recording a phone call with a sex worker. The man was in New York, which is a one-party consent state. The sex worker — who gave consent for the call to be recorded — was in Pennsylvania, which is a two-party consent state.

The court decided that because the man was in New York at the time of the call, the personal injury he suffered occurred in New York — and New York law should apply. Because New York is a one-party consent state, the case was dismissed.

However, while this case is an important precedent, it doesn’t guarantee that every state court will see similar situations in an identical light. If you want to record a phone call, it may be best to abide by the stricter state’s recording laws. However, an attorney experienced with personal injury law can give you advice.

Can You Sue Someone for Recording You?

In some situations, you might be able to sue. These are examples of potentially strong cases:

• The person who recorded you is stalking you
• You were recorded in a doctor’s office or another private place
• Someone is using recording devices to eavesdrop
• Someone recorded you when you were on your private property

If you’re considering suing, you should make an appointment with a free consultation lawyer. An attorney can tell you whether a lawsuit may be in your best interests.

When You Might Not Be Able to Sue Someone

If someone’s recording of you does not violate the law, it’s highly unlikely that you’ll be successful if you decide to sue. Here are a few situations where you might not be able to sue:

You Were Recorded in a Public Business

It’s typically legal for someone to record you in a public business. For instance, if you’re talking to someone in a coffee shop, it could be permissible for another guest to turn on a voice recorder app and record your conversation.

You Were Recorded at Work

Usually, workplaces have the right to record you. For example, they might monitor work-related phone calls or emails using work equipment. Unless you were recorded for non-business purposes, you may not be able to sue your employer for recording you.

You’re in a One-Party Consent State

If someone talking to you records your conversation and you’re in a one-party consent state, you generally don’t have legal recourse.

Criminal vs. Civil Penalties for Illegal Recording

If someone has recorded you without your permission and violated the law in the process, they could possibly face criminal penalties, civil penalties or both. For the responsible party to face criminal penalties, your local prosecutor must have decided to charge them with a crime.

Whether the party is criminally charged or not, you might be able to file a civil lawsuit. If a civil litigation lawyer takes your case, you may be eligible to sue the party for damages.

What to Do if Someone Records You Without Permission

Given the complexity of laws around recordings, the first thing you should do is consult with an attorney. However, if you’ve already begun your search, you may have discovered that there tend to be more auto lawyers and attorneys who focus on divorce than lawyers who can help you with unauthorized recording.

Connecting with an attorney on your own can be challenging. Fortunately, with ConsumerShield, finding the right lawyer is easier than you think. We connect people in need of legal advice with experienced attorneys nearby. Fill out our form below for a free case review!