Questions regarding audio monitoring and the law are one of the most frequent inquiries we receive from our customers. Under U.S. law, audio monitoring is legal as long as there is no expectation of privacy amongst those being monitored. State laws are very similar. International laws vary greatly in terms of permitted applications of audio. We work closely with our customers to ensure that our products are used overtly and in compliance with all laws. If you have legal concerns regarding audio, we recommend verifying this information with an attorney.

Lawful Monitoring

U.S.C. 18, Chapter 119, Sec. 2511(d)

  • It is not unlawful to monitor oral communication when
    prior consent is given
  • Consent may be express or implied

Expectations of Privacy

There cannot be an expectation of privacy if there are public
signs posted indicating the communication is being monitored

Implied Consent

Given through facts, actions, or even by silence

Reasonably understood that consent is inferred

It is expected an objecting person is supposed to behave or
respond in a certain manner

Legal Compliance

Know state and local laws where the technology is applied

Responsibility in the application of the law

  • Owner, installer, integrator, resellers, and distributors

Resources

U.S. Federal Law

State Laws

Other

Caveat

The information in this presentation is based on the interpretations and opinions of the author and is for Industry information purposes
This is NOT legal advice
Do not rely solely on this information without verifying with

  • Your legal counsel/attorney.

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