Is It Illegal to Video Record Someone Without Their Permission in Public?

Recording someone without their permission in a public space can be tricky, considering the privacy laws. There are also laws that differ by state, such as one-party and two-party (all-party) consent laws, which we will cover in detail.

Although the First Amendment gives all of us the right to exercise our rights when it comes to recording public officials in public places, such as police officers and government employees, it doesn’t apply to private individuals in certain situations.

These and other details naturally confuse many on whether it is illegal to video record someone in public. In this article, we will answer whether it is illegal to video record someone without their permission in public. Read on to learn if you can record someone in public without getting their consent.

Is It Illegal to Video Record Someone Without Their Permission in Public?

There isn’t a universal law that clearly defines whether it is illegal to video record someone without their permission in public. That’s why we must look at both federal and state laws in order to understand this topic.

Federal Laws

At the federal level, it is generally considered legal to video record someone without their permission in a public setting, such as a park, street, or government building. As long as there isn’t a reasonable expectation of privacy, such as a private conversation taking place or the person changing clothes, for example, it is legal to record someone without their consent.

This is mainly because of the First Amendment, as well as the federal law following a one-party consent rule, which means you can legally record a conversation as long as you are a participant in it or have permission from at least one participant in the conversation. All these details are clearly defined under the Federal Wiretap Act governing the recording of audio communications, which video recordings can fall under if they capture audio.

Therefore, it is generally legal to record someone in public without their consent. If there’s a reasonable expectation of privacy due to a conversation, however, the person recording it must be a part of the conversation or get consent from at least one participant for the recording to be legal.

State Laws

When it comes to state laws, there are exceptions. There are two-party states that require the consent of the other parties for a video recording that includes audio to be legal. You can check the list below to know which states follow a two-party consent rule, requiring all the parties’ permission for audio recordings.

If you’re video recording someone in a public place in any of the above states, you must get all the parties’ consent if there’s a reasonable expectation of privacy. This can be a business meeting that takes place at a public park, two friends having a private conversation, and so on.

However, this doesn’t mean that you can’t video record around you or yourself while passersby are having a conversation. Since you’re not deliberately recording their conversation, you’re legally allowed to record yourself in a public place, such as when recording a vlog.

List of States That Follow a Two-Party (All-Party) Consent Rule

Here is the list of states that require all parties’ consent for video recording that includes audio in public if there’s a reasonable expectation of privacy.

• California
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• New Hampshire
• Pennsylvania
• Washington

Conclusion: Is It Illegal to Video Record Someone Without Their Permission in Public?

To conclude everything we’ve covered above, the answer to this question is both yes and no. In general, recording someone in a public space without permission isn’t illegal. However, in two-party consent states, it can be illegal if there’s a reasonable expectation of privacy, such as a private conversation. If there isn’t, then video recording someone without permission in public is completely legal.

If you’re bothered by someone recording you, there are actions you can take, whether it is technically legal or not. Someone following you around with a camera could constitute harassment, which is a serious offense that will get the harasser in trouble – just because something is legal doesn’t mean they have a right to abuse it.

You can start by filing a police report to get the harasser away from you. If you don’t know who the harasser is, such as a neighbor who just moved in, use a people search site to discover their identity to make the process easier.