Surveillance, Audio and the Law
Questions regarding audio monitoring and recording and the law are one of the most frequent inquiries we receive from our customers. Under U.S. law, audio monitoring is legal as long as there is no expectation of privacy amongst those being monitored. State laws are very similar. International laws vary greatly in terms of permitted applications of audio. We work closely with our customers to ensure that our products are used overtly and in compliance with all laws.
Lawful Monitoring
U.S.C. 18, Chapter 119, Sec. 2511(d)
- It is not unlawful to monitor oral communication when
prior consent is given - Consent may be express or implied
Expectations of Privacy
There cannot be an expectation of privacy if there are public
signs posted indicating the communication is being monitored
Implied Consent
Given through facts, actions, or even by silence
Reasonably understood that consent is inferred
It is expected an objecting person is supposed to behave or
respond in a certain manner
Legal Compliance
Know state and local laws where the technology is applied
Responsibility in the application of the law
- Owner, installer, integrator, resellers, and distributors
Resources
U.S. Federal Law
State Laws
Other
Caveat
The information in this presentation is based on the interpretations and opinions of the author and is for Industry information purposes
This is NOT legal advice. Do not rely solely on this information without verifying with your legal counsel/attorney.