Recording Law for Employers & Businesses in Maine

Maine lets you record any conversation you are part of without telling the other people. This is called one-party consent. The rule comes from Maine’s wiretap law, Title 15, Chapter 102, which defines when an “intercept” occurs and who is excluded from liability. Under 15 M.R.S. §709(4), an intercept does not include acts by (A) the sender or receiver of the communication, (B) a person within range of normal unaided (or corrected-to-normal) hearing, or (C) a person given prior authority by the sender or receiver. In plain terms, if you are part of the conversation, you can record it without anyone else’s knowledge or consent and it is not a crime under Chapter 102. This applies to both in-person talks and phone calls because Maine treats both the same way under the same one-party framework.

Maine’s wiretap statute only protects conversations where the speaker actually expects the talk won’t be overheard and the circumstances justify that expectation. The law spells this out in 15 M.R.S. §709(5), which defines a protected “oral communication” as one "uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation." Loud arguments on a sidewalk, public comments, or remarks made in front of others usually do not meet this test, so they are not protected conversations and can be recorded without consent. If the speaker lowers their voice, steps aside, or otherwise shows they expect privacy, the conversation may qualify for protection and the one-party rule applies only if you are part of it.

Capturing images without audio is not covered by Maine’s wiretap law because that law only reaches “wire” and “oral” communications. But silent video can still run into trouble under a different law, 17-A M.R.S. §511, which makes it a crime to install or use a device to observe, photograph, or record images of a person in a “private place” without consent. A “private place” is defined as “a place where one may reasonably expect to be safe from surveillance, including, but not limited to, changing or dressing rooms, bathrooms and similar places.” Recording in a public street, store aisle, or sidewalk is not a problem. Inside a home, the rule depends on the specific room: common areas like kitchens and living rooms are generally fine, while bathrooms, bedrooms, and closed offices can be “private places” that require consent.

Federal courts covering Maine have ruled that openly recording on-duty police performing their duties in public is protected by the First Amendment. The U.S. Court of Appeals for the First Circuit held in Glik v. Cunniffe that openly recording police in a public park is protected speech, and later extended that protection to secret or covert recording in Project Veritas Action Fund v. Rollins. Because Maine is a one-party consent state, a civilian who is part of the encounter can record it without the officer’s consent under state law, and the First Circuit’s First Amendment case law adds an extra layer of protection. No Maine statute prohibits recording on-duty police in public.

Imagine your business equips customer service staff with smartglasses that can record video and audio during customer interactions. Under Maine law, you can allow staff to record conversations they are part of without telling customers, because Maine is a one-party consent state. You should train staff to avoid recording in areas where customers have a reasonable expectation of privacy, like restrooms or private offices, because silent video there could violate 17-A M.R.S. §511 even if no audio is captured. For public areas, recording is allowed. If an interaction escalates and police are called, staff can continue recording because the First Amendment protects recording on-duty officers in public and state law allows one-party consent. Always document the policy and train staff so everyone knows when and where recording is permitted.

Maine’s wiretap statute, Title 15, Chapter 102, applies to both in-person and electronic communications, so the same one-party rule governs phone calls and face-to-face talks. The statute’s exceptions clarify that a participant in a conversation or someone authorized by a participant may lawfully record without the other party’s knowledge or consent. For silent video, the separate privacy statute, 17-A M.R.S. §511, focuses on location: capturing images in a “private place” without consent is prohibited, while recording in ordinary public or semi-public spaces is not covered. When drafting a smartglasses policy, include clear room-by-room guidance for indoor settings and post conspicuous notices in areas where recording is permitted to align with customer expectations and avoid disputes.

Breaking Maine’s wiretap law can lead to criminal charges and a civil lawsuit. Under 15 M.R.S. §710, illegally intercepting wire or oral communications is a Class C crime, and knowingly selling or manufacturing devices primarily used for interception is a Class B crime. Anyone whose conversation is illegally intercepted can sue under 15 M.R.S. §711 for liquidated damages of $100 per day of the violation and reasonable attorney’s fees, plus actual damages if greater. Separately, secretly recording someone in a private place can violate 17-A M.R.S. §511, a Class D crime, and expose you to a civil claim for damages. The penalties depend on what was recorded, where it happened, and whether the recording was shared or used improperly.