Privacy

This section covers the right of privacy under state law. Most state laws attempt to strike a balance between the individual’s right to privacy and the public interest in freedom of the press. The two primary types of invasion of privacy actions are intrusion upon seclusion and publication of private facts. You can also be liable for portraying someone in a false light, misappropriating their image or likeness, violating their right of publicity, or even for fraud or trespass over gathering the news. This section also covers recording of phone calls and conversations, and videotaping in public places.

Ohio

Date: 
August 1, 2012

Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents, unless the person is doing so for the purpose of committing a criminal or tortious act. Ohio Rev. Code Ann. § 2933.52 (West 2012).

North Dakota

Date: 
August 1, 2012

Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents, unless the person is doing so for the purpose of committing a criminal or tortious act. N.D. Cent. Code § 12.1-15-02 (2011).

North Carolina

Date: 
August 1, 2012

Summary of statute(s): An individual who has the consent of one of the parties to either an in-person conversation or electronic communication can lawfully record it or disclose its contents. N.C. Gen. Stat. Ann. § 15A-287 (West 2012).

New York

Date: 
August 1, 2012

Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents. N.Y. Penal Law §§ 250.00, 250.05 (McKinney 2012).

New Mexico

Date: 
August 1, 2012

Summary of statute(s): It is an unlawful “interference with communications” to record a telephone conversation without the consent of one of the parties to the communication. But the statute does not prohibit recording an in-person conversation without such consent. N.M. Stat. Ann. § 30-12-1 (West 2012).

New Jersey

Date: 
August 1, 2012

Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents, unless the person is doing so for the purpose of committing a criminal or tortious act. A person also can lawfully record electronic communications that are readily accessible to the general public. N.J. Stat. Ann. § 2A:156A-4 (West 2012).

New Hampshire

Date: 
August 1, 2012

Summary of statute(s): It is unlawful to record either an in-person conversation or electronic communication or disclose its contents without the consent of all parties. But the violation is decreased from a felony to a misdemeanor offense if the violator was a party to the communication or had one party’s prior consent to record it. N.H. Rev. Stat. Ann. § 570-A:2 (2012).

Nevada

Date: 
August 1, 2012

Summary of statute(s): An individual who has the consent of at least one party to an in-person conversation can lawfully record it or disclose its contents, but the consent of all parties is required to record a telephone conversation. An exception may exist, however, for a telephone recording made with the prior consent of only one of the parties to the communication in an emergency situation in which it is impractical to obtain a court order. Nev. Rev. Stat. §§ 200.620, 200.650 (2011).

Nebraska

Date: 
August 1, 2012

Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents, unless the person is doing so for the purpose of committing a criminal or tortious act. A person also can lawfully record electronic communications that are readily accessible to the general public. Neb. Rev. Stat. § 86-290 (2011).

Montana

Date: 
August 1, 2012

Summary of statute(s): It is a violation of “privacy in communications” to record either an in-person conversation or electronic communication without the consent of all parties, except under certain circumstances. Mont. Code Ann. § 45-8-213 (2011).