The Law Regarding Audio Surveillance

United States Codes, Title 18, Section 2510 (2) states:

Oral communication means any "oral communication" uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.

Therefore, by definition of this code, a person cannot have an expectation of privacy, nor can he or she expect that communication will not be intercepted, if there are public signs posted, indicating that the communication is being monitored.

The First Amendment of the Constitution provides that any conversation between individuals is private, unless otherwise notified. This means that any overhearing or recording of a conversation is illegal unless both parties are aware that it is being done.

In order to comply with the law, whenever audio is being recorded a disclaimer stating, AUDIO MONITORING ON THESE PREMISES must be posted in clear view. These disclaimers must be affixed, at a minimum to all entrances to the area where the microphones are installed. Anyone using surveilence equipment, must be aware that it is illegal to record conversations when the parties are not aware of such recording. Therefore, if sound recording is necessary, post Notices to that effect and IN PLAIN VIEW.

Additionally, State laws may vary form the above and it is suggested that you consult with your local attorney, to be informed as to what applies to your situation.