Can I Record Someone in Florida without His or Her Knowledge?

Tue, Jul 9, 2013

General Legal Issues

 Some rights reserved by andrewmaloneRecording someone on audio or video doing or saying something bad seems like it might help your legal case or situation sometimes. However, it might not be legal to do it and therefore inadmissible for your court case. In addition, it could cause legal trouble for you.

That is because there are federal and state laws governing the video and audio recording of others in certain situations.

The Digital Media Law Project outlines, in detail, many laws that govern the audio recording of others. It is a complex area, since there are differing state laws and laws for different situations that might also involved recording someone on audio. Check out how complex it can get here.  Asking someone’s permission often plays a big role in most laws, though—which is why you are sometimes asked if it is ok to record the conversation or at least told it will be recorded.

Video recording is another area that has had more recent legislation put in place, since it has gained such popularity. A key part of video laws often has to do with the expectation of privacy. This article on the Orlando Sentinel’s website details some of Florida’s video voyeurism law. To learn more about Florida’s laws on communications in general, check out Chapter 934 of the Florida State Statutes.

Audio and video recording is a complex area of the law. Consult with a qualified attorney to be sure that your recording and use of it is legal. You do not want to jeopardize yourself, your reputation, or your case unnecessarily.

Attorney Christopher D. Smith is a Lakewood Ranch, Florida attorney with SmithLaw Attorneys. He concentrates in bankruptcy, civil litigation, probate, and elder exploitation cases in the Sarasota and Bradenton area. Call 941 907-4774 to learn more and to ask about our free consultations.

Image:  Some rights reserved by andrewmalone


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