Alabama Recording Law Summary:
Ala. Code § 13A-11-30
Alabama recording law stipulates that it is a one party consent state. In Alabama it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication.
This means that in Alabama, you are legally allowed to record a conversation you take part in.
You may not record conversations that you are not a part of without the consent of at least one party.
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
Ala. Code § 13A-11-33 In Alabama unlawful recording is a misdemeanor with a maximum penalty of one year in jail.
Ala. Code § 13A-5-7 Criminal surveillance/disclosing information are misdemeanors carrying a maximum jail time of 6 months
Ala. Code § 13A-11-33 Installing a listening device on private property is a federal offense with a prison sentence of 1-10 years.
Alabama Video Recording Laws
As Alabama is a one party consent state it is legal to video record any conversation that you are personally taking part in. Video recording where you are not part of the recording like surveillance IS permissible in places where there isn’t an expectation of privacy, or if you own the property. For example if you have a surveillance camera you are allowed to have it watch anything on your property, but you cannot have it pointing in to your neighbors house.
According to Ala. Code § 13A-11-30 you are not allowed to video record people in “A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access”.