Is It Illegal to Record Someone Without Consent in New Jersey?
Lately, I've been stuck in the TikTok vortex, where the scrolling goes on and on until that funny video appears, telling you to chill, get some food, or go to bed.
For whatever reason, I've been getting a lot of videos that involve one person recording another person without their knowledge.
A lot of these have been job-related.
Some videos are just audio, but others involve one party using their camera while it's concealed.
That got me thinking.
Is recording a conversation in New Jersey legal without the other person's permission?
Personally and morally, I would never do this. It's a trust thing.
I'm the kind of person who puts everything on the table, even when it's a tough conversation.
Also, would you like to be recorded without knowing about it? I wouldn't.
I also don't think it should be against the law, though. It's a personal choice.
READ MORE: Is it Illegal to Burn Money in New Jersey?
New Jersey is a "one-party consent" state. If you're interested, the law is very lengthy and complicated: 18 U.S.C. 2511(2)(d).
According to Digital Media Law Project, under this law, you can record a phone call or conversation as long as you are a party.
That means you are the one party and don't have to inform the person or people you are recording.
Digital Media Law Project added:
If you are not a party to the conversation, a "one-party consent" law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded.
Remember that this is just for the Garden State. Other states have different laws, including the requirement to get permission from the other party.
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