Abuse Using Technology

Whether electronic surveillance is legal or not may depend on whether the person doing the recording is part of the activity or conversation and your specific state’s laws on this issue.

If the person is part of the activity or conversation:
Many states allow someone to record a phone call, conversation, or activity as long as one person involved consents. This could be the person recording it who “gives consent.” Other states require that everyone who is part of the conversation or activity consents. You can read more in Is recording a conversation with another person illegal?

If the person is not part of the activity or conversation:
Depending on the state, there might be one or more laws that address:

• listening in on a private conversation;
• electronically recording a person’s conversation; and
• videotaping a person’s activities.  

The names of these laws vary across the country, but they often include wiretap, voyeurism, interception, and other recording laws. Deciding which law(s) may apply to your situation can be tricky. It often depends on the circumstances of the surveillance and whether you had a “reasonable expectation of privacy” while the abuser recorded or observed you.  Legally, a reasonable expectation of privacy exists when you are in a situation where an average person would expect to not be seen or spied on.¹ For example, a person in public places, such as in a football stadium or on a main street, may not reasonably expect privacy. A person in his/her bedroom or in a public restroom stall generally would.

¹ See Katz v. United States, 389 U.S. 347 (1967)