In our modern world, social media and iPhone cameras butt up against ideas of privacy. This reality brings up interesting questions about personal liberties and access to information. One common question is, “Can you record a person without their permission?” This situation can lead to a lot of complicated legal cases.
If you find yourself in legal trouble that lands you in jail, reach out to Szar Bail Bonds. Don’t spend any more time than necessary in jail. Let one of our team members help you right away.
Can You Record a Person Without Their Permission?
It has never been easier to record a person. But that has not always been the case.
The ability to record a person talking came on the scene over 150 years ago. Thomas Edison invented the phonograph and recorded himself reciting Mary Had a Little Lamb. Back then and for most of its history, recording a person was not an easy thing to do without their permission.
Today, however, it seems there are a million ways to record someone without them knowing. Much of our news now comes from someone’s smartphone recording of an incident, rather than from traditional reporters.
Is there a line between what is technically legal and not legal when it comes to recording a person without their permission? Interestingly, the question is just as meaningful today as it was back when Thomas Edison was recording a child’s poem.
Context is Crucial
The legality of recording someone without permission relies on what is happening when the recording is made. Each state and municipality has different ways of dealing with this situation, so no one rule applies everywhere. Consult a lawyer or get some legal advice to navigate your local ordinances concerning this topic.
With that in mind, there are some standard parameters when it comes to recording a person.
Is It Public?
The location of any potential recording is a critical piece of the 
puzzle. Places such as the subway or a shopping mall or a city park generally count as public spaces. But location is only part of what constitutes “public” when it comes to recording a person without their permission.
The person also has to be acting in a public manner. They could be performing. They could be shouting and making a scene. They could be protesting. This sort of behavior in an open area is likely to give you the right to record without permission.
But again, this is not a set-in-stone rule. Each municipality may have specific laws in place. For example, California has strict laws protecting privacy while Indiana doesn’t.
Our ability to record has far outpaced the legal protections generally afforded to privacy. This gap means there is a wide disparity in what is or is not illegal. And it means that the law is evolving quickly to try to keep up.
Expectation of Privacy
There is a second essential factor in determining the legality of recording someone without permission. That is, did the person being recorded reasonably expect that they were speaking privately? Regardless of where the action takes place, this component kicks in. People with disabilities and nursing mothers are groups that fall under this category.
A person who is not involved in a public event or who moves to exclude themselves from it probably has a legal right to privacy. These parameters can make it difficult to assess whether or not you can record someone without their permission.
If you are planning to make public recordings, it is wise to obtain legal consent. This step can make all the difference in your being able to utilize your recording. The alternative could leave you mired in a lawsuit that is both time-consuming and expensive.
Szar to the Rescue
If you find yourself arrested for any reason in Pennsylvania, reach out to Szar Bail Bonds for help. We respond any time, day or night. Give us a call so that you can get back home.
