What are my rights regarding video/audio that was taken of me without my consent?

UPDATED: Sep 30, 2022

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What are my rights regarding video/audio that was taken of me without my consent?

My husband filed for divorce and provided the Department of Children and Families some video/audio of us arguing without my consent. Our 6 year old was home but the dispute was between he and I, not me yelling at our daughter. Is it illegal for the department to use these recordings against me?

Asked on January 8, 2017 under Family Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Video recording you was legal. As to the audio component: the recorded argument is usable by the department against you--if a recording is provided to them, they may use it in a civil context (i.e. not for criminal charges). It may be possible to sue your husband for damages or compensation for having illegally recorded you--in your state, you need the consent of everyone in the conversation to be recorded; without all party consent, the person making the recording could potentially be sued--and that is something you may wish to discuss with your divorce attorney. But in the meantime yes--since the department did not illegally record you, they may  use the recording provided by your husband, even if improperly taken or made.

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