“This call may be recorded for quality assurance and training purposes.” Almost all of us at some point have called a bank, a hospital, an airline, a department store, or any other commercial institution, and heard a variation of this. While it is true that they are oftentimes using these calls for training purposes there is actually more to it than just helping improve the quality of their customer service. The fact is there are audio recording laws in place in all fifty states and Washington, DC, and to record the call they have to tell us they are doing so.
While the use of audio recordings for customer service and call centers, and video recordings for brick and mortar businesses have been quite common for many years, the rise in popularity amongst homeowners has gone up exponentially in recent years. With the introduction of video doorbells and easy to install surveillance systems, more and more homeowners are opting to record what is happening in and around their property. With this increase in home video and audio recordings, it’s important to know what a homeowner’s obligations are when they are listing their property for sale or for rent.
As one might expect, the laws surrounding electronic recording devices in residential properties do vary depending on the state where the home is located. One thing common in every state is that it’s illegal to record a person in a situation where they would reasonably expect to have privacy, such as bathrooms and bedrooms. Recording them without their consent in these situations is against the law.
Let’s take a look at the differences in audio and video recording laws in Washington, DC, Virginia, and Maryland.
When it comes to audio recording the District of Columbia , like many places in the country, follows the one party consent rule. This means that you do not need the consent of the other party to record any conversation in which you are involved. If you want to record a conversation that you are not a part of, you will need the consent of at least one of the parties involved. For video recording, if your intent is the safety and security of your property, there should be signs clearly located stating that the property is under video surveillance. If a person continues onto the property that qualifies as consent.
Like 35 other states including the District of Columbia, Virginia is a one party consent state which means you can legally record any conversation to which you are a party. However, Virginia law does grant an exception – if a person’s communication was in a place where there would not be a reasonable expectation of privacy, such as walking down the street, it can be recorded. As for video surveillance, like the District of Columbia it comes down to intent. It is legal in the state of Virginia to record someone if your intent is the security and safety of your property and your family.
Unlike Washington, DC and Virginia, Maryland is one of twelve states that requires the consent of all parties when it comes to audio recordings. However, when it comes to video recordings Maryland takes a very different position. In Maryland you do not need consent from any party to use video recording in your home which also includes your front porch.
As you can see, the laws when it comes to audio and video recording can be quite complex and do vary from state to state. When listing your property for sale or for rent, it is imperative that you know what your rights and responsibilities are as the property owner. Conversely, if you are a prospective buyer or tenant, it is also important that you know what level or privacy you should reasonably expect when touring properties. Regardless of the jurisdiction make sure to ask your trusted McEnearney Associate about the specific laws so that they can guide you through your obligations and/or expectations.
Andy Hill is Executive Vice President and Managing Broker for the Washington, DC and Maryland offices of McEnearney Associates.
