Maryland Laws?
Anyone know if you can tape a conversation without the other party knowing that they are individual recorded???
Is this known as public records??
Md. Code Ann., Courts and Judicial Proceedings § 10-402: It is a felony to intercept a chain, oral or electronic communication unless all parties to the communication have consented. But all-party consent will not sort the recording legal if there is a criminal or tortious purpose aft it.
Disclosing the contents of intercepted communications with reason to know they were obtain unlawfully is a crime as well.
Violations of the law are felonies punishable by custody for not more than five years and a fine of not more than $10,000. Civil liability for violations can include the greater of actual damages, $100 a day for each time of violation or $1,000, along with punitive damages, attorney fees and litigation costs. To recover civil damages, however, a plaintiff must prove that the defendant know it was illegal to tape the communication minus consent from all participants. Md. Code Ann., Courts and Judicial Proceedings § 10-410.
State courts have interpreted the law to protect communications only when the parties have a valid expectation of privacy, and thus, where a person in a private apartment be speaking so loudly that residents of an adjoining apartment could hear without any sound enhancing device, video recording without the speaker's consent did not violate the wiretapping law. Malpas v. Maryland, 695 A.2d 588 (Md. Ct. Spec. App. 1997); see also Benford v. American Broadcasting Co., 649 F. Supp. 9 (D. Md. 1986) (salesman's presentation in stranger's home not assumed to convey expectation of privacy).
It is a misdemeanor to use a hidden camera in a bathroom or dressing room. It is also a misdemeanor to use a hidden camera on private property "for purposes of conducting planned, surreptitious observation of a person inside the private residence," or in a private place next to "prurient intent." Md. Crim. Law §§ 3-901, -902, -903. A person who is viewed in infringement of these statutes has a civil cause of action.



