Below is a section of the Alabama State Statutes that
we believe apply to recording phone conversations. This
information is not intended as a substitute for legal
counsel.
From the Alabama State Code
Ala. Code § 13A-11-30, -31: Unlawful eavesdropping
is defined as the overhearing or recording of the contents
of a private communication without the consent of at
least one person engaged in the communication. The statute
has been interpreted as creating a right to privacy
in communications — specifically, a right not
to have communications overheard, recorded or disclosed
without consent. Ages Group v. Raytheon Aircraft Co.,
22 F. Supp. 2d 1310 (M.D. Ala. 1998).
Criminal eavesdropping involves the intentional use
of "any device" to overhear or record communications,
whether the eavesdropper is present or not, without
one party's consent. Criminal eavesdropping is a misdemeanor.
Ala. Code § 13A-11-31. Knowingly divulging information
obtained through illegal eavesdropping is a misdemeanor
as well. Ala. Code § 13A-11-35. Misdemeanors in
Alabama carry a maximum jail sentence of one year. Ala.
Code § 13A-1-2.
While hidden cameras are not expressly addressed, it
is a misdemeanor to engage in "criminal surveillance,"
defined as secret observation or photography while trespassing
on private property. Criminal surveillance does not
include observation on a public street. Ala. Code §
13A-11-32.
Important Notice
It is always best to talk with an attorney if you have
questions about the legal implications of recording
calls in your state. We hope this information will serve
as a general guide, and is not intended to substitute
for expert legal counsel.
More Information
As always, if you have any call recording questions, Contact Us for a no-obligation consultation with a call recording expert.
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Call Recording Law : Alabama