Audio/video recording

[backwardsbike]

Hi Soc,

All parties are in PA.  I know that PA is a two party state as far as recoding telephone calls.  My question is about audio and video recording in my own home.

1.  Is it legal to record audio and video within my own home?

2.  Is it necessary to inform other parties that they are being recorded?

[socrateaser]

>1.  Is it legal to record audio and video within my own home?

In PA, the answer revolves around whether or not the person uttering the communication has a reasonable expectation of privacy. So, it really depends on the facts of the conversation as it is being recorded. Example: a paid baby sitter talking to minor children in someone else's home probably has no reasonable expectation of privacy, because the baby sitter is carrying on a commercial activity. Conversely, that same baby sitter carrying on a private conversation with the same minor children while not not engaged in baby sitting probably does have such a privacy expectation -- as do the minor children, because it's their home. A conversation isn't private for only one side of the conversation -- it's either private or it's not.

So, it's a very close call.

>2.  Is it necessary to inform other parties that they are
>being recorded?

The general rule is to provide clear and conspicuous notice that a person's communications will be recorded. That way there can be no misconception on the issue.