Privacy Law Library

Maryland Wiretap and Electronic Surveillance Act

MD Wiretap Act

Communications

Maryland is an all-party consent state: a private person may record or intercept a phone call, electronic communication, or private in-person conversation only if they are a party and every party has consented in advance. The Act also bars disclosing or using contents known to be illegally intercepted, and it sets out narrow exceptions for service providers, law enforcement investigations, and police and correctional body-worn cameras.

Where

Maryland

Citation

Md. Code, Cts. & Jud. Proc. §§ 10-401 to 10-414

Status

In force

Last amended

2025-10-01

Enforced by

State's Attorneys and the Attorney General (criminal); private civil action by persons whose communications are intercepted, disclosed, or used (10-410)

People can sue

Yes

Penalties

Willful interception, disclosure, or use is a felony punishable by up to 5 years' imprisonment and/or a $10,000 fine (10-402(b)). Civil plaintiffs may recover actual damages but at least the greater of $100 per day of violation or $1,000, plus punitive damages and attorney's fees (10-410(a)).

Applies to

• Any person, including individuals, businesses, and state and local employees or agents (10-401 definition of person)
• Wire, electronic, and oral communications; an oral communication is words spoken in private conversation (10-401)