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  1. #6
    Join Date
    Mar 2013
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    Default Re: Surveillance in Common Area

    Quote Quoting Jesmo
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    I was wondering if anyone could shed some light on whether or not my conclusions are correct.
    They aren't. For one thing you signed a rental agreement that specifically allows her to record audio. If there is no restriction on where, then she can record audio anywhere in the house, including bathrooms, bedrooms and laundry rooms. Even without that prior consent she could still record audio in areas where you have no expectation of privacy. Note that the statute has it's own definition so "I expect privacy when I'm sitting on the couch watching TV" doesn't count. Doing one's laundry is a toss up but your consent covers that.

    PA CS Title 18 - Crimes and Offenses - Chapter 57 - Wiretapping and Electronic Surveillance.

    5703. Interception, disclosure or use of wire, electronic or oral communications.
    Except as otherwise provided in this chapter, a person is guilty of a felony of the third degree if he:
    (1) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication;

    5704. Exceptions to prohibition of interception and disclosure of communications.
    It shall not be unlawful and no prior court approval shall be required under this chapter for:
    (4) A person, to intercept a wire, electronic or oral communication, where all parties to the communication have given prior consent to such interception.

    5702. Definitions
    "Oral communication." Any oral communication uttered by a person possessing an expectation that such communication is not subject to interception under circumstances justifying such expectation.

    You can read the full statutes at:

    https://law.justia.com/codes/pennsyl...18/chapter-57/

    With regard to video see 7507.1 Invasion of Privacy

    https://law.justia.com/codes/pennsyl...ection-7507-1/

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