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P. Simmons
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 34314
Experience:  12+ yrs. of legal experience.
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Is it legal to tape record a board of directors and membership

Resolved Question:

Is it legal to tape record a board of directors and membership meeting of a qualified 501(c)(3) organization? Each meeting is open to all members of the organization as well as prospective members who come in for informational purposes. The purpose of recording it to assure the accuracy and completeness of the resulting meeting minutes.
Submitted: 6 years ago.
Category: Business Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.
Customer: replied 6 years ago.
I don't see a request for more specific information from me just a promise to try to help. Nor is there any real response to my question except a standard disclaimer to contact a local attorney.

This organization is in Maryland and the question revolves areound whether MD's "all person consent" applies in this situation where there is no reasonable expectation of privacy.
Expert:  P. Simmons replied 6 years ago.
Under Maryland’s Wiretapping and Electronic Surveillance Act, it is unlawful to tape record a conversation without the permission of all the parties.

Your correct, if the key question is "was there a reasonable expectation of privacy".

Here, if this is a closed board meeting, there is a reasonable expectation of privacy...so you may want to notify the members of the recording.


Customer: replied 6 years ago.
Not a closed meeting - anyone may attend. We do notify that it will be recorded before beginning. Since minutes are taken whether the meeting is recorded or not, is is possible that anyone there who takes part will be identified as to what actions they take, what they say, do, etc. The seems to me that there is no reasonable expectation of privacy.
Expert:  P. Simmons replied 6 years ago.
Agree

If you notify up front and its a public meeting (anyone can attend) then I agree, there is not a "reasonable expectation of privacy"

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