Can You Videotape Someone Without the Person’s Knowledge?

Technically, it is possible to videotape someone without his or her consent while in public. However, it is illegal to record a video that violates the privacy of others without the consent of the parties involved.

Different states have different rules regarding secret recordings. Some states require two-party consent, which means that both the person recording and person being recorded must give consent. Other states however have a one-party consent rule, which means that the person recording can secretly record a conversation with another person. Generally, most states prohibit the secret video recording of people in locations such as bedrooms, locker rooms, bathrooms or anywhere where a person might expect to find some privacy. The law is upheld in states such as Arkansas, Alabama, California, Georgia and Delaware. Other states include Hawaii, New Hampshire, Kansas, Michigan, Minnesota, Maine, Utah and South Dakota. However, there are exceptions. Some states, such as California, allow secret recording if it can be used to prove bribery, extortion, kidnapping or a violent felony.