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Do 2 party consent recording laws affect videos taken from phones?

If a person video records you on their phone and you do not consent is that person in breach of 2 party consent recording laws if your state has it?

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  • Anonymous
    1 year ago
    Favorite Answer

    They apply to all recordings. There are exceptions by state, such as involved in expectation of privacy. To some extent it also depends what's done with the recording.

    http://worldpopulationreview.com/states/two-party-...

    California Code, Penal Code - PEN § 632

    https://codes.findlaw.com/ca/penal-code/pen-sect-6...

    Expectation of privacy is key.

  • 1 year ago

    Recording laws vary by state. Not all 2-party consent laws are the same. There are many exceptions to such consent laws. The most common exception is when you're out in public. In general, when you're out in public (doesn't necessarily have to be outdoors), you don't have an expectation of privacy.

    Also many of these consent laws apply to audio recordings. This means video recordings (which don't include audio or the audio cannot be concerned) are not restricted.

    Consider for example California, which is an all-party consent state. All those celebrities running around Hollywood and Beverly Hills are hounded by paparazzi and there's very little they can legally do about it. You are not granted any more privacy rights than those celebrities are.

    Whether the recordings are done on camera phones, digital SLRs, video cameras, or even movie cameras, it doesn't make a difference. Image recording is image recording regardless of the medium.

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