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You can probably sue someone who records you without permission on private property, or when you were expecting privacy. But suing someone for recording you on public property, or when they were a party to the conversation, is more difficult.
Thirty-eight states, including Iowa, Nebraska, and South Dakota are one-party consent states which means one party has the right to record a conversation without getting consent from the other.
The law varies by state as to whether both parties need to be notified when a conversation is being recorded. Thirty-eight states, including Iowa, Nebraska, and South Dakota are one-party consent states which means one party has the right to record a conversation without getting consent from the other.
The law varies by state as to whether both parties need to be notified when a conversation is being recorded. Thirty-eight states, including Iowa, Nebraska, and South Dakota are one-party consent states which means one party has the right to record a conversation without getting consent from the other.
South Dakota recording law stipulates that it is a one-party consent state. In South Dakota, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication.
Under the federal Wiretap Act, it is illegal for any person to secretly record an oral, telephonic, or electronic communication that other parties to the communication reasonably expect to be private. (18 U.S.C. § 2511.)
It is not illegal to record someone without their consent in a public place if they are visible and audible, especially if they don't have reasonable expectations of privacy. But in a private setting, such as a bathroom or changing area, recording someone without their knowledge is illegal.
If you can prove that someone recorded you without permission, you may be able to bring criminal charges against them as well as sue them in small claims court. As protected by the Fourth Amendment, you have a right to a reasonable expectation of privacy.