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The legality of recording by civilians refers to laws regarding the recording of other persons and property by civilians through the means of still photography, videography, and audio recording in various locations. Although it is common for the recording of public property, persons within the public domain, and of private property visible or ...
Germany is a two-party consent jurisdiction—telephone recording without the consent of the two or, when applicable, more, parties is a criminal offence according to § 201 of the German Criminal Code [9] —violation of the confidentiality of the spoken word. Telephone tapping by authorities has to be approved by a judge.
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There are, however, some limitations to this such as mental health, correctional and juvenile probation facilities. It is a violation of one's publicity rights to record people and use their name, likeness or image without written permission from each person in the video if that video is used to produce profit of any kind. [39]
If you record police in private places without consent, such as their home, then the short answer is yes. However, even when a person is recording in a public space, the chance of arrest does exist.
Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) is a case in which the United States Court of Appeals for the First Circuit held that a private citizen has the right to record video and audio of police carrying out their duties in a public place, and that the arrest of the citizen for a wiretapping violation violated his First and Fourth Amendment rights.
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Within one party consent states, only one party must approve the recording, whereas in all party consent states all parties must consent to the recording. In many states, the consent requirements listed below only apply to situations where the parties have a reasonable expectation of privacy, such as private property, and do not apply in public ...