The Liability of Recording Others
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Though many people today take advantage of modern technology and record meetings or conversations for their own purposes or preservation, it would behoove them to know about the liabilities listed in the New Jersey Wiretapping and Electronic Surveillance Control Act.
This act is similar to the federal wiretapping statute, and is an attempt to better monitor and control the amount of wiretapping and recording being done by police and the public. There are a lot of specific aspects of this act, but the bottom line is that liability is based on the intent of the individual or group who is responsible for the recording.
In regards to audio recording, most states have chosen to go with statutes very similar to the federal law, which states that it is legal to record oral communication as long as at least one person in the party gives consent. These laws have been nicknamed "one-party consent" statutes. The safety net for this law is that it does not allow recordings that were done for "criminal or tortious purpose." For example, an ABC reporter secretly recorded the communication of a psychic hotline and was sued by the hotline's employees for invading their privacy. The Ninth Circuit deemed that the reporter had no "illegal or tortious purpose," and rejected the argument. There are twelve states that demand all parties in a conversation consent for a recording to be seen as legal, but New Jersey is not among them. In New Jersey, any distribution of an illegally obtained audio recording is seen as a third degree crime, provided that the person knows it was taken unlawfully.
For video recording, there are thirteen states that have very strict laws prohibiting the use or installation of cameras in private places. A private place is defined as anywhere someone could reasonably expect to be alone -- say a bathroom or a bedroom. This aspect of the law makes filming anyone in their home a risk, whereas filming someone in their car is deemed a pubic and more reasonable place, provided it was not parked in a garage or secluded location during the filming. New Jersey and many other states prohibit hidden cameras only in specific areas, such as locker rooms and restrooms, or in any instance where a person can be viewed in partial or full nudity. This makes it illegal to record or disclose any videos of people naked or having intercourse without consent.
New Jersey recognizes the tort of invasion of privacy and has seen many civil lawsuits due to hidden recordings. Anyone who invades another's privacy for a harmful reason, whether it be deemed a harm to their interest in privacy, mental anguish, or special damages, is liable. There are four different kinds of invasion. Intrusion is when someone invades another's home, illegally searches for things, eavesdrops or meddles into their personal business. Public disclosure of private facts is the act of making any private information about someone public without their consent. Placing someone in a false light in the public eye is seems as any misrepresentation of the person's character that could be seen as offensive or was done for harmful purposes. The last is appropriation and use of another persons name and appearance.
Most recordings that are taken for security reasons are under no liability. The primary consideration is the intent behind the recording. It it was done for any criminal or tortious reason, then the recording will be seen as illegal, as will the distribution of said recording.
ABOUT THE AUTHOR: Adam Williams
Adam Williams is a legal writer for the Law Firm of Randolph H. Wolf.
Copyright Randolph Wolf, Esq
More information about Randolph Wolf, Esq
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
In regards to audio recording, most states have chosen to go with statutes very similar to the federal law, which states that it is legal to record oral communication as long as at least one person in the party gives consent. These laws have been nicknamed "one-party consent" statutes. The safety net for this law is that it does not allow recordings that were done for "criminal or tortious purpose." For example, an ABC reporter secretly recorded the communication of a psychic hotline and was sued by the hotline's employees for invading their privacy. The Ninth Circuit deemed that the reporter had no "illegal or tortious purpose," and rejected the argument. There are twelve states that demand all parties in a conversation consent for a recording to be seen as legal, but New Jersey is not among them. In New Jersey, any distribution of an illegally obtained audio recording is seen as a third degree crime, provided that the person knows it was taken unlawfully.
For video recording, there are thirteen states that have very strict laws prohibiting the use or installation of cameras in private places. A private place is defined as anywhere someone could reasonably expect to be alone -- say a bathroom or a bedroom. This aspect of the law makes filming anyone in their home a risk, whereas filming someone in their car is deemed a pubic and more reasonable place, provided it was not parked in a garage or secluded location during the filming. New Jersey and many other states prohibit hidden cameras only in specific areas, such as locker rooms and restrooms, or in any instance where a person can be viewed in partial or full nudity. This makes it illegal to record or disclose any videos of people naked or having intercourse without consent.
New Jersey recognizes the tort of invasion of privacy and has seen many civil lawsuits due to hidden recordings. Anyone who invades another's privacy for a harmful reason, whether it be deemed a harm to their interest in privacy, mental anguish, or special damages, is liable. There are four different kinds of invasion. Intrusion is when someone invades another's home, illegally searches for things, eavesdrops or meddles into their personal business. Public disclosure of private facts is the act of making any private information about someone public without their consent. Placing someone in a false light in the public eye is seems as any misrepresentation of the person's character that could be seen as offensive or was done for harmful purposes. The last is appropriation and use of another persons name and appearance.
Most recordings that are taken for security reasons are under no liability. The primary consideration is the intent behind the recording. It it was done for any criminal or tortious reason, then the recording will be seen as illegal, as will the distribution of said recording.
ABOUT THE AUTHOR: Adam Williams
Adam Williams is a legal writer for the Law Firm of Randolph H. Wolf.
Copyright Randolph Wolf, Esq
More information about Randolph Wolf, Esq
View all articles published by Randolph Wolf, Esq
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
