Maryland Recording, Tracking & Surveillance Laws

At a glance

Adult subject — e.g., a spouse

Your own minor child

As a parent you generally have broad authority to monitor your own minor child — especially on a phone, computer, or vehicle you own or provide. The gray area is recording the child's conversations with other people, where wiretap law and the “vicarious consent” doctrine come in and outcomes vary — and if you're co-parenting, custody orders and the other parent's rights matter. Those are marked “seek legal advice.”

General (any subject)

Recording & consent

Maryland is an all-party consent state. Under the Wiretap Act (Cts. & Jud. Proc. § 10-402), you must have the consent of every party to a private conversation before recording it. Recording without everyone's consent is a felony — up to five years and a $10,000 fine.

The law reaches conversations where parties reasonably expect privacy; public conversations are different. The federal overlay still applies.

Recording law enforcement

Recording on-duty police in public is protected by the First Amendment — Maryland sits in the Fourth Circuit — and Maryland courts have held the Wiretap Act doesn't bar recording officers performing public duties, where they have no reasonable expectation of privacy. Don't physically interfere.

GPS & vehicle tracking

Maryland has no statute written only for GPS trackers, but secretly tracking someone can be charged under the stalking law (Md. Crim. Law § 3-802). Tracking a vehicle you own is generally fine; secretly tracking someone else can be criminal. Treat non-consensual tracking as a lawyer question.

Private-investigator licensing

Maryland requires a state license to work as a private detective, under the Business Occupations & Professions Article (Title 13), administered by the Maryland State Police. Investigators work under a licensed agency and must pass a background check and meet experience requirements.

Out-of-state investigator reciprocity

Maryland's private-detective law doesn't publish a general reciprocity license we could confirm — an investigator licensed elsewhere normally needs Maryland licensure (or a licensed Maryland agency) to work here. Confirm current terms with the Maryland State Police before working a Maryland case.

Hidden cameras in private areas

Maryland's visual-surveillance statutes make it a crime to place or use a camera to look into a private place — a bedroom, bathroom, dressing room, or private residence — without consent (Md. Crim. Law §§ 3-902, 3-903). And because Maryland is all-party, a hidden camera that also captures audio violates the Wiretap Act. Hidden cameras in private areas are off-limits.

Cameras in your own home / nanny cams

You can put cameras in your own home, including nanny cams in common areas. The limits: don't aim a camera at a space a guest, tenant, or worker would reasonably treat as private (a bathroom, or a live-in caregiver's bedroom) — that risks the visual-surveillance statutes — and remember Maryland is all-party for audio, so a hidden mic capturing others' conversations violates the Wiretap Act even at home.

Doorbell & outdoor cameras

A doorbell or outdoor camera covering your own porch, yard, or the street is fine for video — no reasonable expectation of privacy in public view. Trouble starts if you point a camera into a neighbor's window or fenced yard, or if the mic captures others' private conversations (all-party audio). Aim at your property, not through someone else's walls.

Workplace & employee recording

Because Maryland is all-party, recording a workplace conversation generally needs everyone's consent. Secretly recording is a felony under the Wiretap Act. Employers who monitor email or work systems should give clear notice, and federal workplace rules can apply.

Drone surveillance

Maryland reaches drone spying two ways: the visual-surveillance statutes (§§ 3-902, 3-903) cover a drone camera pointed at people in a private place, and the two-party wiretap law covers a drone microphone. A separate law also makes it illegal to fly a drone onto another person's property without consent. General flight and filming from public vantage points remain legal; FAA rules govern the airspace.

See an error or an out-of-date citation? Please let us know.

General legal information only, not legal advice, and no attorney-client relationship is created by reading it. Statutes and their interpretation change; entries may be incomplete or outdated. We disclaim all warranties and any liability for reliance on this page. Confirm the current law at the official Maryland Codes and consult a licensed Maryland attorney before recording, tracking, installing cameras, or gathering evidence.