Monday, May 9, 2016

Parents Have 'Vicarious Consent' to Listen in to Kid's Conversations

As long as parents believe that eavesdropping is in the best interests of their child, they may use electronic devices to listen in on their children's conversations with third parties.

People v. Badalamenti, 2016 BL 106362, N.Y., No. 71, 4/5/16

     The New York Court of Appeals ruled that there is a 'vicarious consent' exception to the one-party consent wire-tapping laws, which ban outsiders from listening to a conversation unless one of the parties gives consent beforehand.

     The court ruled that "[t]here is no basis in legislative history or precedent for concluding that the New York Legislature intended to subject a parent or guardian to criminal penalties for the act of recording his or her minor child's conversation of out a genuine concern for the child's best interests."

     The court followed the reasoning in the case of Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998), which initially recognized the vicarious consent to federal wiretapping laws.

http://www.bloomberglaw.com/public/document/People_v_Badalamenti_No_71_2016_BL_106362_NY_Apr_05_2016_Court_Op

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