Connecticut Recording Law Summary:
Connecticut can be considered as both a one party state and two party state. This is because there are different laws for in-person conversations and telephone conversations. Read on for more information.
Connecticut recording law stipulates that at least one party’s consent is required to record an in-person conversation. Failure to comply with this law is regarded as eavesdropping. Conn. Gen. Stat. § 53a-187(a)(2).
However, when recording a telephone conversation Conn. Gen. Stat. § 52-570d(a) Connecticut recognizes civil actions concerning illegal recording of private telephonic communications. Under this law, a telephone conversation is recorded illegally if the following conditions are not met:
- Consent of all parties involved in the communication is obtained in writing before the recording is done or as part of the recording at the start of the recording.
- Recording includes verbal notification which is recorded at the beginning of recording and is part of the communication.
- Use of automatic tone warning device during the recording.
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This means that Connecticut has different rules depending on whether the conversation is having in person (personal conversations) or over the phone.
You may not record in-person conversations that you are not present for without the consent of at least one involved party. Conn. Gen. Stat. §§ 53a-187, -89.
Gaining Consent for Recorded Conversations
If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:
- Getting verbal or written consent prior to the recording being made.
- A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
- An audible beep tone being repeated at steady intervals during the duration of the conversation.
Connecticut Video Recording Laws
It is illegal to maliciously photograph, film or record images of another person without the consent or knowledge of the person being recorded:
- When the person is not in plain view.
- While the person is inside a dwelling.
- In situations where the person has a reasonable expectation of privacy.
- With the intention of arousing or satisfying the sexual desires of such person or any other person.
For example, if you have a security camera, you are not allowed to point it at your neighbor’s backyard or living room window because these are areas where he or she has a reasonable expectation of privacy. It is also illegal to record a person’s intimate parts without the consent and knowledge of that person and also while such intimate parts are not in plain view. Conn. Gen. Stat. 53a-189a
Conn. Gen. Stat. § 52-570d(c): Persons who illegally record telephonic conversations may be liable to the aggrieved individuals for damages and litigation costs including reasonable attorney’s fee.
Conn. Gen. Stat. § 53a-189: Eavesdropping (wiretapping or mechanical overhearing) in Connecticut is classed as a Class D felony which carries a sentence of 1 to 5 years.
Conn. Gen. Stat. § 53a-188: Tampering with private communications by obtaining contents of a private communication without the consent of the sender or receiver or by divulging the contents or nature of a telephonic or telegraphic communication to another person is considered a Class A misdemeanor which a carries a sentence of up to 1 year in jail.
Conn. Gen. Stat. 53a-189a(b): Violating Connecticut’s video recording laws is considered as voyeurism which is classed as a Class D felony for a first offense, Class C felony for subsequent offenses and Class C felony for a first offense if the offender has a previous felony conviction or if the victim is under 16 years. Class D felonies carry a sentence of 1 to 5 years while Class C felonies carry a sentence of 1 to 10 years.
Conn. Gen. Stat. 53a-189b: Anyone who spreads voyeuristic material may be found guilty of a Class D felony.
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