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Violation of the Virginia law is a felony, punishable by imprisonment and fine. In addition, while recording a telephone conversation with the consent of only one party is legal in Virginia, a lawyer’s recording of a telephone conversation without the consent of all parties was found to be unethical under the Virginia Rules of Professional Conduct (United States v. In addition to subjecting you to criminal prosecution, violating the Virginia wiretapping law can expose you to a civil lawsuit for damages by an injured party. Court Hearings Recording is allowed in Virginia state courtrooms at the sole discretion of the presiding judge. For information on your right of access to court proceedings, please consult the Access to Government Information section of this guide.It is, however, flatly prohibited in certain types of sensitive cases (e.g., those involving juveniles or sexual offenses; however, a juvenile who is tried as an adult is excluded from the prohibition on recording. Public Meetings Virginia open meetings law provides that any person may "photograph, film, record or otherwise reproduce any portion of a meeting required to be open." However, the public body conducting the meeting "may adopt rules governing the placement and use of equipment necessary for broadcasting, photographing, filming or recording a meeting to prevent interference with the proceedings." Virginia Code § 2.2-3707(H).
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Note: This page covers information specific to Virginia.
For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.Remember, your business is ultimately on-the-hook for the cost of any calls that originated from your phone system, even if they were made by a hacker.Below are some best practices that you should question your vendor about.That said, if you intend to record conversations involving people located in more than one state, you should abide by the recording law of the most restrictive state involved, or play it safe and get the consent of all parties. Therefore, you may be able to record in-person conversations occurring in a public place, such as a street or restaurant, without consent. Only two television cameras and one still photographer are allowed in a courtroom at any given time.The wiretapping law covers oral communications when the speakers have an "expectation that such communication is not subject to interception under circumstances justifying such expectations," Virginia Code § 19.2-61, But absent the speakers' justified expecation, the law does not apply. However, you should seek the consent of one or all of the parties before recording any conversation that an ordinary person would deem private. For a complete list of the statutory guidelines, see Va. Federal courts in Virginia, at both the trial and appellate level, prohibit recording devices and cameras in the courtroom.Therefore, it is very important to minimize your risk exposure, and potential expense, it they do.