Can You Legally Record Someone Without Their Consent? Here’s What the Law Says

ArbitrationJanuary 3, 2025

Is it legal to follow someone to film them? Well, it is a tricky question, and the answer is not as black-and-white as you might think. While laws vary depending on where you are, the distinction often lies in privacy expectations.

Now, let’s unpack the legal and ethical aspects of recording someone in different settings.

Understand Public & Private Spaces First

To start, is it legal to follow someone to film them in public? Generally, yes. If you are in a public space like a park, sidewalk, or shopping mall, you are free to film what you see. People in these areas have limited expectations of privacy.

Lucas / Unsplash / Security cameras, vloggers, and even tourists are constantly recording in such spaces. And there is little anyone can do about it.

However, the rules change when it comes to private spaces. Filming someone without consent in places like bathrooms, changing rooms, or their private property is illegal. Here, privacy is a reasonable expectation, and any unauthorized recording could land you in serious legal trouble.

Know the Privacy Expectations

Is it legal to follow someone to film them if they are in a public setting but visibly uncomfortable? Legally, yes, but ethically, it is murkier. While you might not face legal repercussions for filming in public, harassing someone with a camera can lead to complaints.

Persistent following may even lead to stalking charges, depending on your behavior and intent.

In contrast, private spaces are clear-cut. Recording someone without their knowledge in a private area – like their home or a private office – violates privacy laws. Even if you own the space, such as an Airbnb rental, placing hidden cameras in private areas like bedrooms or bathrooms is strictly prohibited.

Audio vs. Video: Key Legal Differences

Here is a crucial distinction: Recording video and recording audio are governed by different laws. While video recording in public spaces is broadly allowed, audio recording often requires consent.

Blaze / Pexels / In many states, you need permission from at least one party to legally record a conversation. Some states, like California, mandate consent from all parties involved.

Why the disparity? Audio recording laws aim to protect personal conversations from eavesdropping. If you are filming someone in public, ensure you are not unintentionally recording their voice without consent.

Failing to comply can result in hefty fines or even criminal charges.

Is It Legal to Follow Someone to Film Them?

Let’s get practical. If you are filming in public, do you need to blur faces or seek permission? Technically, no – if you are not using the footage commercially. However, once you publish or monetize the video, the stakes change. Selling images or videos featuring identifiable people requires their consent.

Failing to secure this can lead to lawsuits, especially if the footage damages their reputation.

Public figures, like celebrities or politicians, are an exception. You can film and share their images as long as the content is not defamatory. Even then, exercise caution when discussing or portraying them, particularly high-profile individuals like a president and their family, who are more likely to sue for misrepresentation.

However, private property introduces another layer of complexity. Is it legal to follow someone to film them on private property? Only with the owner’s permission. Restaurants, stores, and offices might allow filming. But it is crucial to get explicit consent.

Property owners have the right to deny recording on their premises, even if the space is open to the public.

When to Seek Legal Guidance?

If you are unsure about the legality of a specific recording scenario, consulting an attorney is your safest bet. This is particularly true for complex situations involving private property, hidden cameras, or commercial use of recorded footage.

A lawyer can clarify state-specific laws and help you avoid costly mistakes.