Vicarious Consent: Eavesdropping to Protect Children Is Legal!

New York State’s Court of Appeals recently recognized a new exception to the current eavesdropping statute—vicarious consent. This exception to the law allows parents or guardians to protect the best interest of their children by legalizing surreptitious recordings that would otherwise be defined as eavesdropping.   

In more colloquial terms, evoking the exception of vicarious consent means: If you’re right, you are protecting your child; if you’re wrong, you are committing the crime of eavesdropping.