Recording & Surveillance of Private Conversations
What is Maine's Law on Recording & Surveillance of Private Conversations
15 MRS , c. 102 addresses the interception of wire and oral communications. A 2014 court decision, Griffin v. Griffin, 2014 ME 70, 92 A.3d 1144, summarizes Maine’s law this way: “a person who is not the sender or receiver of a communication may not intentionally or knowingly use an intercepting device to hear or record an oral or wire communication unless he or she has been given ‘prior authority by the sender or receiver.’ 15 M.R.S. §§ 709(4), 710(1). Under Maine law, only the sender or receiver of the communication—not both—needs to give prior authority. See 15 M.R.S. §§ 709(4)(C); Kehling, 601 A.2d at 624.” 15 MRS §712 provides for several exceptions. Violation of the law is a civil offense which entitles the victim to damages of $100 per day of violation and recovery of attorney fees and litigation costs (see 15 MRS §711). 17-A MRSA §511 establishes violation of privacy, including several types of surveillance in a private place, as a Class D crime. 18 USC, c. 119 of the United States Code also addresses wire and electronic communications interception and interception of oral communications. The Digital Media Law Project has compiled a guide on this topic: http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations.
11/15/2017 A-Z List