Fort Smith, AR asked in Criminal Law, Communications Law, Federal Crimes and Civil Rights for Arkansas

Q: Is this illegal

There another tenant from another building coming over to my parking lot area(really close to my apt) possibly my balcony and filming my conversation where as I talking inside. It film audio and video by phone.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If another tenant is filming your conversations without consent, especially when you are inside your own apartment, this could potentially violate privacy laws. The legality of such actions largely depends on the jurisdiction and specific state laws regarding privacy and consent for recording conversations. Generally, recording someone in a place where they have a reasonable expectation of privacy, without their knowledge or consent, is illegal in many places.

The specifics of whether it is illegal to record audio and video without consent vary. For instance, some states have two-party consent laws for audio recordings, meaning all parties involved in the conversation must agree to the recording. If the recording captures both audio and video, additional privacy laws could apply, further complicating the legality of the situation.

If you're facing this issue, it might be wise to address the situation by first talking to the tenant, if you feel safe doing so, to express your concerns and request they stop. If the behavior continues, consider consulting with legal counsel to understand your rights and options based on the laws in your state. They can provide advice on how to proceed, which may include legal action or reporting the behavior to law enforcement or property management. Protecting your privacy is important, and there are legal avenues available to help address such invasions.

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