Employee Monitoring Law Planner
Sources

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.

What a reviewer asks to see: Inventory of call recording used with Maryland parties, confirming the recording party is a participant (not a third-party listener) and all parties are told; Announcement script and evidence it plays before recording starts
Where monitoring plans usually fall short: Third-party quality listeners join calls without being announced; Recording relies on the recording party's own consent alone
Source: Maryland Wiretap Act (Courts and Judicial Proceedings 10-402), read 30 Sep 2026
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.

What a reviewer asks to see: Register of audio-capable devices in Maryland workplaces with the consent obtained; Interview recording procedure that records each participant's consent
Where monitoring plans usually fall short: CCTV audio capturing private conversations between staff; Covert recording of a grievance meeting
Source: Maryland Wiretap Act (Courts and Judicial Proceedings 10-402), read 30 Sep 2026
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).

What a reviewer asks to see: List of tools capturing message or chat content in transit for Maryland users, with each party's consent; Website chat disclosure and consent captured before the conversation
Where monitoring plans usually fall short: Chat or session capture by a vendor who is not a party to the communication
Source: Maryland Wiretap Act (Courts and Judicial Proceedings 10-402), read 30 Sep 2026
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.

What a reviewer asks to see: Description of the telephone equipment used for monitoring and its business purpose
Where monitoring plans usually fall short: Added recording software or devices treated as provider-furnished equipment
Source: Maryland Wiretap Act (Courts and Judicial Proceedings 10-402), read 30 Sep 2026

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