Massachusetts Recording Corporations Without Consent
Description
How to fill out Massachusetts Corporate Records Maintenance Package For Existing Corporations?
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FAQ
Massachusetts is an ?all party consent? state, which means that secret audio recordings made without the knowledge or consent of all the parties involved violates the wiretap statute. (Video recording and photography are not covered.)
The only exemption for ?public? communication is speech on the radio. In Commonwealth v. Jackson, 1976, Chief Justice Edward Hennessey of the Massachusetts Supreme Judicial Court wrote that a recording can be made "secretly" outside of a situation where the person has reasonable expectation of privacy.
Still another exemption commonly invoked is the deliberative process exemption, which allows officials to withhold documents whose release could interfere with the deliberative process involved in policy development. Once the process is completed, though, the documents are subject to disclosure.
In Massachusetts, specifically, wiretapping is a felony. The penalties are as follows: Commiting or attempting to commit the interception - penalty is up to five years in a state prison or up to 2.5 years in jail, or a fine of up to $10,000, or a combination of imprisonment and fine.
Summary. Massachusetts prohibits the recording, interception, use or disclosure of any conversation, whether in person or over the telephone, without the permission of all the parties. The state also prohibits the recording and disclosure of images intercepted in violation of its hidden camera laws.