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Recording without consent: is it legal in Virginia?

Have you ever recorded a conversation without getting consent from the people you’re recording? If so, you may have violated wiretapping laws. In Virginia, only one party needs to consent to being recorded, which means that the person recording does not have to get permission from the person they are recording if they are a part of the conversation. This is because you, the recorder, are consenting to the recording.

A common example of being recorded without consent would be through ring cameras as security surveillance. Ring cameras and other systems that use video to record are typically not unlawful because they are being used with the intent to monitor and secure your home. Although video recording is lawful, audio recording for these systems is unlawful if the person being recorded has not consented to being audio recorded.

No matter what state you are in, if you are recording someone, it is best to get each person’s consent as to not misinterpret the laws of each state.