Thursday, May 14, 2015

Body cameras require change in Maryland consent laws.

Body cameras are here. And so Governor Hogan has signed into law a provision that modifies Maryland law governing consent.  Under old law, Maryland was a "two party consent" state. That meant every person involved in a conversation had to consent to recording.

It is a great way to terminate sales calls. When the caller tells you "this call is being recorded for quality assurance," simply respond "but I do not consent."  That will quickly end the call.

But imagine if a beat cop has to ask every citizen or suspect encountered " are under arrest...and may I please record your voice?" It is unworkable.

The new law specifically exempts police body camera recordings from the two party consent requirement.