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Is it Illegal to Video Record Someone Without Their Consent?

Video Recording Consent

In general it is illegal to record private audio of conversations between two individuals without the consent of one or both parties. The biggest thing to know first is whether you are in a one party, or all party consent state. You can look at our list of One Party Consent States or All Party Consent States to see which applies to your state. There are both state and federal laws that can affect a video recording, and the law sides with whichever is more restrictive. So if you state has stricter laws then the federal laws, state law is what you would like to follow.

You’ll have to go into your local state laws to find out more information, but to keep it short and simple. The answer to the question ‘Is it illegal to video record someone without their consent’ depends on where the recording takes place, and whether audio is included in that recording.

Can I Video Record Someone Without Their Consent Chart

One Party Consent StatesAll Party Consent States
Public Space Video Recording (No Audio)YesYes
Public Space Audio RecordingYesNeed Consent
Private SpaceNeed consent of one partyNeed Consent
Police Working
in Official Capacity
YesYes