Law / United States /
Connecticut
Connecticut Wiretapping, Tampering with Private Communications and Eavesdropping
Conn. Gen. Stat. 53a-187, 53a-188, 53a-189
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Prohibition
What it requires
- As a person who is not a sender or receiver of a telephonic, telegraphic or cellular radio telephone communication, do not intentionally overhear or record it by instrument, device or equipment when neither the sender nor the receiver has consented; this wiretapping offense does not reach a party to the communication who records it.
- As a person not present at a conversation or discussion, do not intentionally overhear or record it by instrument, device or equipment when no party to it has consented; this mechanical-overhearing offense does not reach a participant in the conversation.
- Do not unlawfully engage in wiretapping or mechanical overhearing of a conversation.
- If you do not have the sender's or receiver's consent, do not obtain from a telephone or telegraph corporation's employee, officer or representative, by connivance, deception, intimidation or otherwise, information about the contents or nature of a telephonic or telegraphic communication, and, if you are such an employee, officer or representative, do not divulge that information to another person without that consent.
- None of these offenses reaches wiretapping by a federal, state or local criminal law enforcement official in the lawful performance of official duties.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Eavesdropping (unlawfully wiretapping or mechanically overhearing a conversation) is a class D felony. Tampering with private communications is a class A misdemeanor.
Who enforces it
Enforcement body
Criminal prosecution by the State. These sections carry no private civil remedy of their own; a separate civil action for illegal recording of a private telephonic communication is created by section 52-570d.
What this law does
Wiretapping is the intentional overhearing or recording of a telephonic, telegraphic or cellular radio telephone communication by a person other than a sender or receiver of it, without the consent of either the sender or the receiver. Mechanical overhearing of a conversation is the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party to it, by a person not present.
Both offenses therefore reach only a person who is not a sender, receiver or participant, and the consent of any one party takes the conduct outside them; a participant who records their own call or conversation commits neither offense. A person who unlawfully engages in wiretapping or mechanical overhearing of a conversation is guilty of eavesdropping, a class D felony.
Tampering with private communications is a separate offense, committed by a person who, without the sender's or receiver's consent, obtains from a telephone or telegraph corporation's employee, officer or representative information about the contents or nature of a telephonic or telegraphic communication, or who, being such an employee, officer or representative, divulges that information; it is a class A misdemeanor.
These sections do not apply to wiretapping by criminal law enforcement officials in the lawful performance of their duties. Recording of a private telephone call by a party to it is governed instead by the civil statute, section 52-570d.
When LexLint raises it
When your app profile says your app records calls, records text chat or processes voice recordings.
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