Recording Others in New Jersey

Everyone has access to photography and recording tools today. But, this brings up many concerns about personal privacy and confidentiality. If you snap a photo or record a video of a stranger, do you have the right to share that video? What if that video is a recording of a close friend? These concerns will become more commonplace as recording becomes an even easier part of our technological world.

The answer is, it depends. Additionally, you will find that the federal laws and state laws do not always match up.

United States Recording Laws

The United States federal laws require that at least one person is aware and has given consent to the recording. It is assumed that the person who is doing the recording has already given their consent because they took the necessary steps to set up the recording device, which would mean that it is legal for them to record, even if the other person is not aware of it.

Of course, there are exceptions to be aware of when considering this law. There are certain topics that may complicate the laws including:

• Threats
• Blackmail
• Topics of illegal activity

New Jersey Laws

Many of the U.S. states follow the same rules and regulations that are set by the federal government when it comes to recording. The state of New Jersey is one of these states. Similar to federal rules, New Jersey requires the consent of at least one party. These rules do not apply to video recordings. Rules and regulations, even in New Jersey, tend to be stricter when video recordings are present. There are a few locations in which video recordings are strictly prohibited which include bathrooms, locker rooms, changing rooms, and any other private area.

Determining what is considered private can get complicated. While bathrooms are obviously private, there can be some questions raised concerning a friend’s house or vehicle.

Distributing Illegal Recording or Video Consequences

If a person distributes an illegal recording or video with the knowledge that it is illegal, then they may face expensive fines and potential jail time. Laws like the Wiretapping and Electronic Surveillance Control Act applies to states like New Jersey and call into question the intention of the person making the recording.

When a person knows that the recording was illegal and they still choose to distribute the recording, then they are likely in violation of this act and may face criminal charges.

New Jersey Civil Charges

It is also possible to face civil legal charges when recording or videoing without consent. In New Jersey, this is considered a violation of the Invasion of Privacy Act. Because this is a civil crime in New Jersey, the guilty party may not only be responsible for serving federal time, but also for compensating the injured party.

Navigating Your Legal Case

As you can see, federal and state laws can get complicated when it comes to recording and videoing. If you were charged with recording without someone’s consent or you are concerned about the legality of a recording, reach out to one of our experienced criminal defense lawyers at Zegas Law.

Contact an Experienced Summit Criminal Defense Lawyer About New Jersey’s Privacy Laws

Were you charged with invasion of privacy? You may have legal options available. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. Zegas Law represents clients in Summit, Mountainside, Maplewood, Chatham Township, and throughout New Jersey. Call (973) 379-1999 or fill out the online contact form to schedule a consultation with a member of Zegas Law today. We have an office conveniently located at 60 Morris Turnpike, Summit, NJ 07901.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.