![]() ![]() ![]() There’s a question of what is a reasonable expectation of privacy even in public places. Zach Crosner of Crosner Legal defines a public space as: “Any place that any member of the public has access to, including but not limited to transit facilities, community centers, and recreational parks.” While the recording of people’s homes and private spaces like a bathroom seems pretty clear, the idea of what is public may not be a strict line. Martin & Kent, LLC note that changes in the law and court cases have happened over the past few years but “while the Illinois statute does not explicitly allow the recording of police while they are performing their public duties, including conducting an arrest, the exemption for conversations that can have no reasonable expectation of privacy clearly contemplates allowing the recording of such activities.” However, they advise: “Recording the police as they conduct their public duties does not mean you can do anything you want during the course of that recording.” What is considered a public space in these situations? Illinois used to be one of the strictest states against video or recording of police. Videoing and/or recording of police can vary widely by state. A violation of this federal law, the Video Voyeurism Prevention Act of 2004, is punishable by fine and imprisonment.” However, the firm’s post continues to explain: “But both New Jersey and federal law make it a crime to videotape or photograph a third party who is nude or engaging in sexual activity, without their consent, in a place in which he or she enjoys a reasonable expectation of privacy, such as a home, a bathroom stall, or a gym locker-room. “Generally, it's legal to videotape or photograph people while they appear in public areas,” writes Kates Nussman Ellis Farhi & Earle, LLP. What about the legality of video recording? Matthiesen, Wickert & Lehrer point out: “Common exceptions found in a majority of states’ laws include recordings captured by police, court order, communication service providers, emergency services, etc. Matthiesen, Wickert & Lehrer note: “Which state’s laws apply and/or whether the law of each state must be adhered to are questions parties to a call are routinely faced with.” However, complications may arise if the phone call is held over different states with different laws. Matthiesen, Wickert & Lehrer notes that 38 states and DC have one-party consent laws and 11 are two-party consent laws at the end of 2019. However, there are states that require two-party consent, where both parties have to agree to the record. However, if you are recording two other parties, you need one to consent. So if you are one of the parties, that would be sufficient. Some states have one-party consent requirements, where you need one person on the call to consent to the recording. It depends, largely on context and state. Here is some food for thought about recording people with your smartphone. People can easily take videos with the click of a button on their phones while they can also buy applications to more easily record phone calls. With the proliferation of smartphones and other recording materials, more cases are likely to arise over the legality of recording people. Why Your Website's Terms and Conditions Matter ![]() If Your Identity Was Stolen, These Are Your OptionsĬould At-Home Genetic Test Kits Be Illegal? ![]()
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