Maryland Wiretap Act (Courts and Judicial Proceedings 10-402)
Law. Placed at Maryland. Read 30 Sep 2026; 4 provisions cited by the planner.
What does Md. Cts. & Jud. Proc. 10-402 and 10-401 require?
A person must not wilfully intercept, try to intercept, or procure another to intercept a wire communication (a telephone call over wire or cable facilities). Also cited: 10-402(a)(1), private in-person conversations: record only as a party with the prior consent of all parties; 10-402(a)(1), electronic communications in transit: intercept only as a party with the prior consent of all parties.
Md. Cts. & Jud. Proc. 10-402(a)(1)Phone calls: record only as a party with the prior consent of all parties A person must not wilfully intercept, try to intercept, or procure another to intercept a wire communication (a telephone call over wire or cable facilities). The exception open to a private person or business, 10-402(c)(3), requires that the person is a party to the call and that all parties gave prior consent, and that the purpose is not a criminal or tortious act. Penalty: felony, up to 5 years' imprisonment, a fine of up to 10,000 dollars, or both.
Md. Cts. & Jud. Proc. 10-402(a)(1)Private in-person conversations: record only as a party with the prior consent of all parties A person must not wilfully intercept an oral communication, meaning words spoken in private conversation, with a device, unless the person is a party and all parties gave prior consent (10-402(c)(3)) or another exception applies. For an employer this covers audio-enabled CCTV, recorded interviews and meetings, and microphones in vehicles.
Md. Cts. & Jud. Proc. 10-402(a)(1)Electronic communications in transit: intercept only as a party with the prior consent of all parties A person must not wilfully intercept an electronic communication in transmission unless the person is a party and all parties gave prior consent (10-402(c)(3)), or another exception applies (for example providers acting as a necessary incident of service, or communications readily accessible to the public).
Md. Cts. & Jud. Proc. 10-401(8)Business-extension exclusion: provider-furnished telephone equipment used in the ordinary course of business Telephone or telegraph equipment furnished to a subscriber by a wire or electronic communication service provider in the ordinary course of its business and used by the subscriber in the ordinary course of its business, or furnished by the subscriber for connection to the service and so used, is not an electronic, mechanical or other device, so using it is not an interception. Monitoring outside such equipment or outside the ordinary course of business needs the consent of all parties.