Question: What legal actions can be taken if someone discovers that they have been recorded without consent in a shared living space, especially in a state that requires two-party consent for recording?
Answer: In a case involving unauthorized recording in a shared living space, consider sending a demand letter as a pre-litigation step, citing intrusion upon seclusion and breach of the covenant of quiet enjoyment (if applicable in the jurisdiction). The demand letter could request the destruction of any recordings. If you have questions regarding whether or not your jurisdiction has a legal theory for intrusion upon seclusion or covenant of quiet enjoyment or something similar, you can book a call with an attorney.
Please note:This response is for general informational purposes only and should not be considered legal advice. For advice specific to your situation, consult a qualified attorney. We recommend consulting with a qualified attorney to address your specific legal concerns. The forum, its administrators, and contributors assume no responsibility for actions taken based on the information provided here. Laws and regulations are subject to change and may vary by location.
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Attorney Clare Kelly