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An Overview of Pennsylvania Wiretapping Laws
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An Overview of Pennsylvania Wiretapping Laws
Pennsylvania has some pretty strict wiretapping laws that folks should know about. The main law is called the Pennsylvania Wiretapping and Electronic Surveillance Control Act[1]. This law makes it illegal to record any conversations, whether they’re on the phone or in person, without getting permission from all the people involved first. That’s called “two-party consent,” and it means everyone being recorded has to say it’s okay[2].
Now I know what you’re thinking – if I’m just recording myself talking to someone else, why do I need their permission? It’s because the law sees it as violating their privacy rights when you record them without asking. Even if you’re out in public, you technically need permission to record other people’s voices. Kinda silly if you ask me, but rules are rules!
It gets even trickier when you’re recording phone calls. The wiretapping law says you absolutely cannot record any phone conversation at all unless you get everyone’s okay ahead of time. And text messages count too – you can’t use an app to record texts either[3]. Big time no-no there.
You might wonder how this applies to real estate stuff. Well, say a seller has security cameras inside their house. Those cameras probably record sound. So if they’re rolling while a buyer is walking through, technically the seller is breaking the law! They’d need to tell the buyer about the cameras and audio recording up front and get their consent[3].
And if a buyer secretly records a showing on their phone, that’s illegal too. I know – it’s pretty crazy what you can and can’t record these days!
When Recording is Allowed
Now don’t get too worried. There are definitely times when you can record stuff without getting in trouble:
- If you’re recording video but no audio, you’re fine. Security cameras are okay as long as they don’t capture sound[3].
- If you’re recording a conversation but the other person knows about it and says it’s alright, that’s consent and it’s legal[2].
- If you’re recording people out in public where they don’t have a reasonable expectation of privacy, you may be okay. But it’s a gray area so be careful[2].
See, it’s not a total ban on recording. You just gotta be smart about it and get permission when needed. If there’s any doubt, it’s better to get consent and avoid possible trouble.
Penalties for Illegal Recording
Okay, say you do break the wiretapping law and record someone without consent. What happens then? Well unfortunately it’s not just a slap on the wrist – it’s a felony[1].
Yep, you read that right. Illegal recording in PA is a felony with some pretty stiff penalties:
- Up to 7 years in prison
- Fines up to $15,000
Plus you could get sued by the person you recorded for violating their rights. Not fun at all.
So while I know it seems excessive, it really is worth taking the time to get consent before recording anything with audio. A quick “Hey, do you mind if I record this?” can save you from huge headaches down the road.
Recording Public Meetings
There’s an exception that’s good to know about too – you can record public meetings without permission. Things like town councils, school boards, zoning boards, etc. Basically any government meeting that’s open to the public, you’re allowed to record[2]. After all, they’re public servants doing the people’s business, so we have a right to document that.
This only applies to public meetings though. Court hearings and stuff like that typically don’t allow recording. But for local government happenings, feel free to tape away! Just make sure your camera or phone is visible and not hidden.
When Police are Involved
A tricky situation is when police get involved. Say a cop pulls you over, or shows up at your door, or questions you about something. Can you record them?
Well, good news – you can record police when they’re doing their job in public. Traffic stops, interrogations, arrests, etc. – it’s all legal to get on video[4]. Their words aren’t considered private when they’re working as public servants.
But, as always, it’s smart to let them know you’re recording so they don’t get spooked or accuse you of wiretapping. A quick “Officer, I’m just letting you know I’m recording this on my phone” should do the trick. Same goes for if they ever try to take your phone or camera – politely say you don’t consent to them looking through your stuff.
The ACLU has a handy pocket guide[5] on this with more info about your rights when photographing or recording police. It’s worth checking out so you know how to handle those situations.
When in Doubt, Ask Permission
I know these wiretapping laws can be really confusing and full of gray areas. My main advice is when in doubt, just ask! Taking two seconds to get consent from whoever you want to record can save you big time down the road.
The basics to remember are:
- No recording phone calls or in-person convos without permission
- Public meetings are fair game
- Cops don’t have an expectation of privacy on duty
- When unsure if it’s legal, just ask!
And if you ever have questions about what’s okay to record and what’s not, reach out to a lawyer. They can walk you through the specifics of how the wiretapping laws apply to your unique situation.
The wiretapping laws may seem strict, but they’re there to protect people’s privacy. Follow them, and you’ll be able to record all kinds of moments while staying on the right side of the law!
References
[1] Pennsylvania Consolidated Statutes Title 18 Section 5703
[2] Pennsylvania Recording Law | Digital Media Law Project
[3] State Wiretapping and Recording Laws Explained – Pennsylvania Association of Realtors®
[4] Know Your Rights When Taking Photos and Making Video and Audio Recordings | ACLU Pennsylvania