Invasion of Privacy Laws in Maryland (2026): Your Rights and Their Limits

Most people assume privacy violations are just rude. They are not. In Maryland, many of them are crimes. You could face jail time, heavy fines, and a permanent record. Let’s break down exactly what you need to know.

What Is Invasion of Privacy?

Invasion of privacy is not just one law. It is a group of legal protections. These laws cover how people can watch you, record you, track you, and share your personal information. Maryland takes these rights seriously.

In legal terms, invasion of privacy includes four main actions. Intruding on someone’s private space. Sharing false information about someone publicly. Using someone’s name or image without permission. And publicly revealing private facts about a person. Honestly, this part surprises most people. It is broader than you might think.

Recording Laws in Maryland

The Two-Party Consent Rule

Okay, this one is important. Maryland is a “two-party consent” state. That means everyone in a conversation must agree before it can be recorded. It does not matter if you are on the phone, in person, or messaging online.

You’re not alone if you didn’t know this. Most states only require one person to agree. Maryland requires all of them. If you secretly record a private conversation, you have committed a felony. Not a small mistake. A felony.

Wondering if this applies to text messages too? Yes. The Maryland Wiretap Act makes it a felony to record any telephone or electronic communication unless all parties give their consent. Because the law covers “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature,” consent is also required to intercept text or email messages sent between electronic devices.

What Happens If You Record Illegally?

Pretty serious consequences. Violations of the wiretap law are felonies punishable by up to five years in prison and a fine of up to $10,000.

It does not stop there. Civil liability for violations can include the greater of actual damages, $100 a day for each day of violation or $1,000, along with punitive damages, attorney fees, and litigation costs. That adds up fast.

Hold on, there is one more thing. Under Maryland Courts and Judicial Proceedings Code § 10-402, it is also illegal to disclose any wire, oral, or electronic communication without the consent of all parties. So even sharing an illegal recording is a crime.

Hidden Camera Laws (Voyeurism)

Here is where it gets serious. Maryland has specific laws against spying on people in private places.

Under Section 3-902 of Maryland’s Criminal Law Article, a person may not with “prurient intent” conduct or arrange visual surveillance of an individual in a private place without that person’s consent. Prurient intent basically means doing it for sexual or perverse reasons. It is the key element prosecutors look for.

This includes placing cameras in bathrooms, bedrooms, dressing rooms, or anywhere a person expects privacy. It also covers peering through windows or using devices to look into private spaces.

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Penalties for Voyeurism

Violators of the hidden camera law can face misdemeanor charges with penalties that include up to one year in jail and a $2,500 fine. The court may also award actual damages and reasonable attorney’s fees to anyone who was surveilled in violation of the hidden camera law.

Think of it like a serious misdemeanor, but one that can also hit your wallet in civil court. The victim can sue you separately, even after a criminal conviction.

Stalking Laws in Maryland

Stalking is not just following someone around. Maryland’s definition is actually quite wide. This is the part most people miss.

Under Maryland law, stalking means a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear of serious bodily injury, assault, rape, false imprisonment, or death.

Stay with me here. Stalking does not require physical contact. Stalking includes conduct that occurs in person, by electronic communication, or through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent. That last part is huge. GPS trackers on someone’s car? That counts.

Stalking Penalties

The maximum penalty for a first-time stalking violation is five years in jail and a fine of $5,000. That is a misdemeanor with felony-level consequences. Do not let the “misdemeanor” label fool you.

The penalties for stalking may be separate from and consecutive to sentences for any other crimes arising from the same acts. So if other crimes happen during the stalking, you could stack multiple sentences.

Harassment Laws

Confused about the difference between stalking and harassment? Let me break it down.

Harassment in Maryland is less severe than stalking. But it is still illegal. It means repeatedly contacting or following someone to annoy or alarm them, after being told to stop.

A person who violates the harassment law is guilty of a misdemeanor. For a first offense, you face up to 90 days in jail or a fine up to $500, or both. For a second or later offense, you face up to 180 days in jail or a fine up to $1,000, or both.

Basically, the law gives you one warning. Ignore it and keep going? The penalties get worse.

Online Harassment

Maryland also has rules for online and electronic harassment. A person may not maliciously engage in a course of conduct through electronic communication that alarms or seriously annoys another, with the intent to harass, alarm, or annoy, after receiving a warning or request to stop.

This covers social media, text messages, emails, and direct messages. Online does not mean consequence-free. Not in Maryland.

Revenge Porn Laws

This one matters a lot. Maryland has a specific law against sharing intimate images without consent. It is sometimes called the “revenge porn” law.

A person who shares intimate images with the intent to harm, harass, intimidate, threaten, or coerce another person, knowing the other person did not consent, can be found guilty of a misdemeanor. The penalty is up to two years in prison or a fine up to $5,000, or both.

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The law also applies when someone shares images with reckless disregard about whether the other person consented. So “I didn’t think about it” is not a defense.

GPS Tracking and Digital Surveillance

Many people assume tracking someone’s car is legal if you own the car. Not necessarily.

Secretly installing a GPS device on a vehicle you primarily operate can constitute stalking and a civil invasion of privacy. Victims can pursue damages against the person who ordered the tracking and any party that facilitated the intrusion.

Sound complicated? It is actually pretty simple. If someone did not consent to being tracked, and they have a reasonable expectation of privacy, the tracking is likely illegal.

Maryland’s New Data Privacy Law (MODPA)

Wait, it gets better. Maryland recently passed one of the toughest data privacy laws in the country. It affects how companies collect and use your personal information.

The Maryland Online Data Privacy Act (MODPA) was enacted in 2024. It took effect October 1, 2025, and enforcement began April 1, 2026. This is brand new territory.

The Maryland Online Data Privacy Act bans the collection, processing, or sharing of sensitive personal information unless it is strictly necessary to provide a product or service requested by the consumer. Maryland defines sensitive personal information to include health, biometric, sexual orientation, citizenship and immigration status, children’s data, and precise geolocation.

Here is the big difference from other states. Consent is not enough under MODPA. Companies must prove the data was actually necessary. That is a much higher bar.

A violation under MODPA may result in a fine of up to $10,000 per violation or $25,000 for repeat violations.

Your Rights Under MODPA

You’re not alone in wondering what rights you have. Here is what the law gives you. MODPA grants Maryland consumers the right to confirm whether a company is processing their personal data, access the data collected about them, correct inaccuracies, obtain a portable copy of their data, and get a list of third parties to which their data has been disclosed.

Personally, I think this is one of the most important parts. Most people have no idea how much data companies hold about them.

Penalties Summary

Here is a quick look at what the laws actually cost you.

Recording a private conversation without consent is a felony. You could face up to five years in prison and a $10,000 fine. Voyeurism is a misdemeanor with up to one year in jail and a $2,500 fine. Stalking carries up to five years in jail and a $5,000 fine. Harassment on a first offense means up to 90 days in jail and a $500 fine. Sharing intimate images without consent can mean two years in jail and a $5,000 fine. And data privacy violations under MODPA can cost businesses $10,000 to $25,000 per violation.

Special Circumstances

Not every recording or surveillance situation is illegal. Here are some important exceptions.

Law enforcement with a court order can record conversations legally. Employers can monitor workplace communications if employees are clearly notified in advance. Recording police officers in public is generally protected under the First Amendment. And parents monitoring minor children may have different protections in some situations.

One important note. Secretly recording video in private areas like bathrooms, bedrooms, or changing rooms is still illegal under Maryland’s separate voyeurism and surveillance laws, even when law enforcement exceptions might apply to audio.

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How to Report a Privacy Violation

If someone has violated your privacy in Maryland, here is what you can do.

First, document everything. Save messages, screenshots, photos, or other evidence. Do it quickly. Digital evidence can disappear fast.

For criminal violations like voyeurism or illegal recording, contact local police or the Maryland State Police. File a report and keep a copy for yourself.

If you believe a company violated your data privacy rights, you can file a complaint with the Maryland Attorney General’s office through the online portal or by contacting the Consumer Protection Division by phone or mail.

For civil claims, talk to a privacy attorney. You may be entitled to money damages on top of any criminal charges. Many attorneys offer free consultations, so it does not hurt to ask.

Frequently Asked Questions

Can I record a phone call in Maryland without telling the other person? No. Maryland is a two-party consent state. All parties must agree before any recording takes place. Doing it secretly is a felony.

Is it illegal to put a GPS tracker on my spouse’s car in Maryland? Yes, in most cases. Secretly tracking someone’s location without their consent can be considered stalking. It can also be a civil invasion of privacy.

What counts as “voyeurism” under Maryland law? Voyeurism means surveilling someone in a private place where they expect privacy, done for prurient or perverted reasons. This includes hidden cameras in bathrooms, bedrooms, and changing rooms.

Can I sue someone who shared my intimate photos without permission? Yes. Maryland’s revenge porn law allows both criminal charges and civil damages. You can pursue the person who shared the images in both criminal court and civil court.

Does Maryland’s new data privacy law apply to me as a regular consumer? Yes. MODPA gives you the right to access, correct, and delete your personal data held by covered businesses. You can also opt out of having your data sold.

What should I do if I think someone is illegally recording me? Stop the interaction if possible, document what you can, and contact law enforcement. You may also want to speak with a privacy attorney about your civil options.

Final Thoughts

Maryland takes privacy seriously. The laws cover a lot of ground. Secret recordings. Hidden cameras. Stalking. Online harassment. Revenge porn. And now, data privacy too.

You have real rights here. And there are real consequences for anyone who violates them. Now you know the basics. Stay informed, document anything suspicious, and if something feels wrong, reach out to a lawyer or contact the Maryland Attorney General’s office.

When in doubt, assume privacy matters. Because in Maryland, it does.