Our colleagues at Alpha Group Investigations recently posted information on their blog about the legalities of wiretaps, electronic eavesdropping, and interception of communications.
Thanks to Hollywood and TV Dramas like CSI, the average citizen might imagine a private investigator has the right to legally bug and wiretap anyone’s office or home. However, that is an incorrect and morally wrong picture of a reputable investigator. The laws in each State and Country, for what accounts for legitimate electronic surveillance, vary greatly. A good Private Investigator has a responsibility to both to protect his or her client from illegal electronic eavesdropping and to abide by the privacy laws of the region.
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Legal Consent Laws:
When a Private Investigator is tasked with recording electronic communication surveillance, he or she must first determine whether consent is required from one or all parties involved.
One-party consent law, means you can record a phone call or conversation with the consent of one person (party) in the conversation.
U.S. Federal Law and Thirty-eight U.S. States, plus the District of Columbia have adopted the one-party consent laws, allowing individuals to record phone calls or conversations where one party involved in the communication consents.
Two-party consent laws require the consent of all parties involved to legally record a phone call or conversation.
Eleven U.S. States require two-party consent to lawfully record a phone call or conversation. The two-party consent laws have been adopted by California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington.
You cannot hire a Private Investigator to tap your company rival’s conference room. Nor should you ever try to illegally bug a person, place of business or a home not belonging to you.
Read more on their blog at alphagroupinvestigations.com