What are my rights regarding video/audio that was taken of me without my consent?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights regarding video/audio that was taken of me without my consent?

My husband filed for divorce and provided the Department of Children and Families some video/audio of us arguing without my consent. Our 6 year old was home but the dispute was between he and I, not me yelling at our daughter. Is it illegal for the department to use these recordings against me?

Asked on January 8, 2017 under Family Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Video recording you was legal. As to the audio component: the recorded argument is usable by the department against you--if a recording is provided to them, they may use it in a civil context (i.e. not for criminal charges). It may be possible to sue your husband for damages or compensation for having illegally recorded you--in your state, you need the consent of everyone in the conversation to be recorded; without all party consent, the person making the recording could potentially be sued--and that is something you may wish to discuss with your divorce attorney. But in the meantime yes--since the department did not illegally record you, they may  use the recording provided by your husband, even if improperly taken or made.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption