RS 9:2790.3     

  

§2790.3. Notification of videoing and recording direct conversation

            A. No participant in a direct conversation shall intentionally use a wearable eyeglass recording device to video and record or transcribe a direct conversation with any other participant unless all participants are specifically notified that the conversation is being videoed and recorded or transcribed.

            B. The provisions of this Section do not apply to any of the following:

            (1) Public or semi-public meetings.

            (2) Law enforcement activity.

            (3) Emergencies or first responder activities.

            (4) Videos and recordings or transcriptions of a public official made in any of the following manners:

            (a) Of a public official performing an official duty in a public place where there is no reasonable expectation of privacy.

            (b) For the purpose of preserving evidence related to a public corruption crime as defined in R.S. 11:293.

            (c) For the purpose of preserving evidence related to malfeasance in office as provided in R.S. 14:134.

            (5)(a) A person who videos and records a law enforcement officer in the performance of his official duties while the officer is in a public place or a place where the private person has a legal right to be.

            (b) The exception provided in this Paragraph does not extend to an individual who physically interferes or materially obstructs lawful law enforcement activity.

(6) Videos and recordings or transcriptions of a direct conversation made for the purpose of preserving evidence related to an actual or anticipated civil or administrative proceeding.

            (7) Videos and recordings or transcriptions of a direct conversation made for the purpose of preserving evidence related to a criminal act or proceeding.

            (8) Videos and recordings or transcriptions of a direct conversation made by a participant in his own residence.

            (9) Recordings or transcriptions made by a participant in his own place of business or employment.

            (10) Recordings or transcriptions made by a participant in his own vehicle or his employer's vehicle.

            (11) Videos and recordings or transcriptions of a conversation if the person recording or transcribing the conversation is not a participant.

            C. Nothing in this Section shall be construed to limit, modify, expand, or supersede the provisions of the Electronic Surveillance Act, R.S. 15:1301 et seq.

            D. This Chapter shall not apply to incidental, unintended, or background capture of individuals or conversations occurring in public places where the videoing and recording are not specifically directed at the individuals.

            Acts 2004, No. 447, §2; Acts 2026, No. 965, §1.