Liability for Recording Someone Without Their Permission

Under the Massachusetts Wiretapping Statute, it is a crime to record someone using audio or video equipment without their permission, unless it is absolutely clear that the recording is happening. This includes videos taken in public places.  This law is often referred to as the "two party consent law". Massachusetts is one of the few states that has a two party consent law for audio and video recording. 

Today, most people have smart phones that are able to audio and video record. You must be very careful not to record someone without their knowledge. Otherwise, you may be found guilty of felony wiretapping. This offense carries a penalty of up to a $10,000 fine and up to five years in state prison. This includes videos taken of people in public places. 

Further, the Wiretapping Statute allows a person who is recorded without their permission to file a lawsuit in civil court. In a civil action, the court may award the victim actual damages, punitive damages, liquidated damage and attorneys' fees.

You must be very careful what you audio and visual record in Massachusetts without permission. If you have any questions about this law, please contact me at 413-731-4716 for a free consultation.