In today’s digital age, video is everywhere. From smartphones on the street to security cameras at home and surveillance systems in workplaces, we’re constantly capturing life as it unfolds. But while technology makes recording easy, the legal implications are anything but simple.

At Sciolla Law Firm, we regularly advise clients in Philadelphia and across Pennsylvania on what’s legal—and what’s not—when it comes to video and audio recordings. Whether you’re seeking to use a recording as evidence, or you're worried about someone else recording you, here's what you need to know.

Recording in Public vs. Private Spaces

Under federal law, video recordings are generally permitted in public areas—think sidewalks, public parks, or transit stations—where there is no reasonable expectation of privacy. In these places, people are considered to be “in public view,” and filming typically doesn’t require consent.

However, the rules shift dramatically when the setting becomes private.

Recording someone in a private space—like a hotel room, restroom, locker room, or inside someone’s home—without their consent may not only be illegal but could rise to the level of a federal or state crime. In Pennsylvania, such actions can carry serious criminal and civil penalties.

What About Audio? The Consent Standard in Pennsylvania

While video laws may feel murky, audio recording is even more tightly regulated. Pennsylvania is an all-party consent state. This means that every person involved in a conversation must agree to the recording—whether it's over the phone, in person, or online.

So, even if you’re part of the discussion, you cannot record it legally unless everyone consents. Violating this law can result in felony charges and make any recording inadmissible in court.

This law also applies to multi-state conversations—such as a Zoom call or a recorded customer service interaction—where you should always follow the stricter consent rule if participants are in different states.

Recording at Work or in Semi-Public Areas

Workplace surveillance is another legal grey area. In Pennsylvania, employers can install video surveillance in non-private spaces like lobbies, offices, or warehouses—but must steer clear of private areas like restrooms or changing rooms.

Employers should provide clear notice if surveillance is being used. And again, audio surveillance in the workplace typically requires written employee consent.

If you're an employee or business owner in the Philadelphia region, it's crucial to understand what is legally allowed before installing or using recording devices on-site.

Even in Public, There Are Limits

Recording in public still has boundaries. Capturing video without audio is generally legal. But if your camera captures someone engaged in a private act, even in a public setting, or if you zoom in through a window into a private home, you could face legal action for invading privacy.

Philadelphia residents should be especially cautious in crowded, mixed-use environments like Rittenhouse Square, sports arenas, or train stations where the lines between public and private activity often blur.

The Bottom Line: Know Before You Record

In Pennsylvania—and particularly in the greater Philadelphia area—the legality of video and audio recordings hinges on context, consent, and location. Before pressing “record,” ask yourself:

• Am I in a public or private setting?

• Is there an expectation of privacy?

• Are all parties aware and consenting, especially with audio?

If you're not sure, don’t guess. The safest move is to consult an attorney.

Need Legal Advice on Video Evidence or Recording Laws?

Whether you're involved in a legal dispute, facing surveillance issues, or need clarity before submitting video evidence in a lawsuit, the experienced team at Sciolla Law Firm can help.

Located in the heart of Philadelphia, we offer sound legal counsel rooted in state and federal law, and we’re dedicated to protecting your rights in our tech-driven world.

Contact us today to schedule a consultation and ensure you're on the right side of the law.