The Law of Voice Recordings

Recording Audio with the Professional Grade Audio Products sold by CameraSecurityNow.com for use with a Dell based Geovision DVR is quite easy and questions about that topic come up daily.

Unfortunately many people we talk to have one or more misguided opinions as to the law in regards to audio recordings. Some people believe they have no obligation to inform anyone that audio is being recorded and others think they have some state law that takes precedence over the federal law I have attempted to educate them on. Of course both of those beliefs are in error but seldom can you change some one’s mind when they have their own preconceived notions on such topics.

To help explain the basics we have listed below a notice as posted on the Louroe Electronics website in regards to Audio Surveillance.

THE LAW REGARDING AUDIO SURVEILLANCE :

United States Codes, Title 18, Section 2510 (2) states:
Oral communication means any "oral communication" uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.

By definition of the code section, a person cannot have an expectation of privacy, nor can he or she expect that communication will not be intercepted, if there are public signs posted, indicating that the communication is being monitored.

The First Amendment of the Constitution provides that any conversation between individuals is private, unless otherwise notified. In simple terms, this means that any overhearing or recording of a conversation is illegal ...unless both parties are aware that it is being done.

In order to comply with the law, LOUROE ELECTRONICS provides a disclaimer stating, AUDIO MONITORING ON THE PREMISES. These disclaimers must be affixed, in plain view, to all entrances where the microphones are installed.

It is suggested that distributors notify customers, at the time of installation (or sale) of the equipment, that disclaimers must be in plain view at all entrances and exits.

In that some state laws may vary, it is further suggested that you consult with your local attorney, and become fully aware of the local laws in this regard.

Federal Law References:
Federal Regulations, US Code, Title 18. Crime and Criminal Procedure, Sec 2510.