LANCASTER COUNTY, Pa. — It’s hard to find someone who doesn’t have a cell phone, meaning it’s easier than ever for people to record you.
However, what if you do not want to be recorded?
That's what happened at Lancaster County Career and Technology Center in West Lampeter Township last month.
According to court documents, a student recorded two teachers without their knowledge and spread the video.
THE QUESTION
Is it legal to record someone without their consent in Pennsylvania?
OUR SOURCES
The American Civil Liberties Union of Pennsylvania, the Commonwealth’s consolidated statutes, and Chris Ferro, a criminal defense attorney in York.
WHAT WE FOUND
This question needs more context as the answer varies depending on the situation, though in most cases it is against the law.
"Pennsylvania has a wiretap law," Ferro said. "Under the Pennsylvania Wiretap Law, we essentially criminalize anyone who intentionally intercepts an oral communication of another."
The rules for videotaping are not always the same for audiotaping, whether it’s in person or electronically, such as a phone call.
Pennsylvania is one of thirteen two-party consent states, meaning everyone must agree to the recording.
"All participants to a recording must specifically consent or it is a violation of the wiretap law," Ferro said.
According to the ACLU of Pennsylvania, filming law enforcement performing official duties in public is not a violation of the state’s wiretap law, and neither is filming public protests or speeches.
Ferro says the general exception is when an individual knows or should have known they are being recorded. Being filmed at places such as the grocery store or even by someone’s doorbell camera, does not break the law.
"Under those circumstances and many others, if the individual knows or should know that they're being recorded, then it would not be a violation of the Wiretap Act," Ferro said.
So while it is generally illegal to record someone without their consent in the Commonwealth, more context is needed since there are exceptions depending on the scenario.