Recording audio video of spouse in your and their residence without you knowing

Recording audio video of spouse in
your and their residence without you
knowing

Asked on September 15, 2017 under Family Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, as to the videotaping your spouse without their knowledge, since they have a "reasonable expectation" of privacy in their own home, setting up hidden cameras around your joint marital residence may violate invasion of privacy laws. As for voice recordings, in MO, at least 1 party to a convesation must consent to its being recorded. Accordingly, if you and your spouse are talking to one another, the you can legally record the conversation. However, if your spouse is speaking with someone else and you are not a part of that convesation, then recording it it illegal.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, as to the videotaping your spouse without their knowledge, since they have a "reasonable expectation" of privacy in their own home, setting up hidden cameras around your joint marital residence may violate invasion of privacy laws. As for voice recordings, in MO, at least 1 party to a convesation must consent to its being recorded. Accordingly, if you and your spouse are talking to one another, the you can legally record the conversation. However, if your spouse is speaking with someone else and you are not a part of that convesation, then recording it it illegal.


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