Pennsylvania is a “two-party consent” state, meaning it is illegal to intentionally record any private conversation, including wireless calls, without the consent of all parties involved. Under the Pennsylvania Wiretap Act, violating this law is a third-degree felony, and individuals whose rights are violated can sue for damages, attorney fees, and litigation costs. Exceptions to the consent requirement exist for certain situations, such as when there is no reasonable expectation of privacy.
Key Aspects of the Law
- Two-Party Consent:For any oral or electronic communication, all participants must agree to be recorded.
- Felony Charge:Recording without consent is a third-degree felony in Pennsylvania.
- Civil Penalties:The person whose rights were violated can file a lawsuit to recover damages, which can include actual damages or a minimum of $1,000, plus costs and attorney fees.
- “Reasonable Expectation of Privacy”:The law applies to conversations where people have a reasonable expectation of privacy. For instance, conversations in public areas might not have the same level of privacy as those within a home.
What is Covered?
- Wireless Calls:Conversations on cell phones and other wireless devices are protected under this law.
- Other Electronic Communications:The law extends to electronic communications and oral communications.
Important Considerations
- In-Person vs. Electronic:While two-party consent is the general rule, nuances can exist depending on whether the recording is in person or electronic.
- No “One-Party Consent” on its own:Recording a conversation without the consent of everyone involved is a violation, even if Pennsylvania is not a one-party consent state.