Q: Can I record my neighbor's harmful spraying actions without voice in MD?
I have a neighbor who is spraying something I believe is harmful, causing me to feel nauseous. This has been happening since October 2024. Although I can hear the spraying and sometimes her sneezing and coughing, I don't know exactly where she is spraying it. I previously complained about noise issues, which she denied, and I have reported this current issue to management. Can I legally audio record her actions without capturing her voice to gather evidence?
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A:
In Maryland, the law generally allows for audio recording in certain situations, but it requires the consent of at least one party involved in the conversation or interaction being recorded. If you are simply recording the sounds of spraying, without capturing her voice or private conversations, it may be permissible as long as you are in a location where you have a reasonable expectation of privacy, such as your own home. However, if the recording includes her voice or personal conversations, Maryland's two-party consent law would apply, meaning you would need her consent to record audio.
Since you're focusing on capturing evidence of harmful spraying, it’s important to be cautious about how you record. You might also want to consider documenting the effects the spraying has on you, such as any health symptoms, as this can strengthen your case if you need to take further action.
If you're unsure about the legality or want to ensure your evidence gathering complies with Maryland law, it might be helpful to consult with a legal professional to guide you in taking appropriate steps while protecting your rights. Additionally, continue reporting any health effects to management and local authorities.
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