Is it legal to record another if it is not known that they are bering recorded?

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Is it legal to record another if it is not known that they are bering recorded?

I heard it was illegal to tape/record another if they do not know they are being recorded.

Asked on August 23, 2011 Florida

Answers:

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

Answered 9 years ago | Contributor

FL is what is known as an "all-party consent" state. This means that it is a crime to intercept or record a "wire, oral, or electronic communication" , unless all parties to the communication consent to the recording. That having been said, the law makes an exception for in-person communications when the parties do not have a "reasonable expectation of privacy" in the conversation. So for example, it would be legal to record a conversation in a public place where it might reasonably be overheard. However, the person recording must be a party to the conversation, otherwise all-party consent must be obtained.

To violate the law means not only civil penalties but criminal as well. A first offense will be charged as a misdemeanor and a subsequent offenses will be considered a felony.


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