Law / United States / 
Michigan
Eavesdropping, Prohibition and Civil Remedies
MCL 750.539a, 750.539c, 750.539e, 750.539g, 750.539h
In force since .
An interception and recording consent rule binding private bodies.
- Obligation class
- Consent, Prohibition
What it requires
- Get the consent of every party to a private conversation before using a device to overhear, record, amplify or transmit any part of it; the chapter defines eavesdropping by the private discourse of others and does not say whether a party recording their own conversation is covered.
- Do not use or divulge information you know or reasonably should know was obtained by eavesdropping in violation of the chapter.
- A public utility may record customer calls requesting service or registering a complaint where a record is required for legitimate business purposes and its employees know of the practice.
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 actionYes
Criminal exposure note
Wilfully using a device to eavesdrop upon a private conversation without the consent of all parties, or knowingly aiding, employing or procuring another to do so, is a felony punishable by imprisonment in a state prison for not more than 2 years or by a fine of not more than $2,000, or both; using or divulging information known or reasonably known to have been obtained that way is a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.
Penalty structure
The fine ceiling per felony conviction under MCL 750.539c and 750.539e; each section also allows imprisonment in a state prison for not more than 2 years, and 539c allows both.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 2,000
Who enforces it
Enforcement body
A private civil action for an injunction, actual damages and punitive damages under MCL 750.539h; criminal prosecution under MCL 750.539c and 750.539e.
Settledness
The chapter defines eavesdropping by the private discourse of others and does not define private conversation; its text does not say whether a party to a conversation can eavesdrop on it.
- As of
- Open questions
- Does MCL 750.539c reach a person who is a party to the recorded private conversation, given MCL 750.539a(2)'s definition of "eavesdrop" as limited to overhearing, recording, amplifying or transmitting the private discourse of others?
What this law does
A person who is present or not present during a private conversation and who wilfully uses a device to eavesdrop upon it without the consent of all parties, or who knowingly aids, employs or procures another to do so, is guilty of a felony. To eavesdrop is to overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse.
The text does not say whether a party who records their own conversation eavesdrops on it, and the chapter does not define private conversation. Using or divulging information a person knows or reasonably should know was obtained by eavesdropping in violation of the chapter is also a felony.
The chapter does not prohibit a communications common carrier's employee from hearing a communication in the course of employment, or a public utility from recording customer calls requesting service or registering a complaint where a record is required for legitimate business purposes and its employees know of the practice. The chapter does not modify or affect any law concerning the interception, divulgence or recording of messages transmitted by communications common carriers.
Person is defined for this chapter as an individual, partnership, corporation or association. Any party to a conversation on which eavesdropping is practiced contrary to the act may obtain an injunction against further eavesdropping and recover actual and punitive damages from the person who eavesdrops.
When LexLint raises it
When your app profile says your app records calls or processes voice recordings.
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