Is It Illegal To Record Someone Without Their Permission? Know the Laws

Recording conversations is easier than ever. Whether you need to recall details from a client check-in or safeguard yourself during a tense conversation, hitting “record” on your cell phone can feel like a practical solution. But before you press that button, you need to know: Is it illegal to record someone without their permission? 

The answer depends on where you are and who you record. Federal law sets a baseline, but state laws vary widely, creating a legal gray zone that makes it hard to know what to do. 

Here’s a guide to federal regulations on recording consent with a state-by-state breakdown, helping you navigate when and how to record responsibly. 

Note that this is not intended to be legal advice, and is only a general summary and overview of applicable laws. You should consult a lawyer if you have any specific questions or require legal assistance based on the facts and circumstances of your situation.

Is it illegal to record someone without their consent? Understanding the law

The legality of recording conversations without permission depends on a combination of federal and state laws, as well as the circumstances surrounding the recording. Let’s break it down: 

Federal regulations: The Wiretap Act

The Federal Wiretap Act of 1968 and the Electronic Communications Privacy Act (ECPA) of 1986 prohibit the intentional interception of conversations, which could include wiretapping, using a wire, or recording phone calls, face-to-face conversations, or electronic communications. The law protects participants who expect their conversations to be private.

The Wiretap Act makes exceptions for people authorized by law to secretly record others (like law enforcement) or if at least one person consents to the recording, also known as “one-party consent.” But the latter changes depending on the jurisdiction (we’ll get to that later). 

Private versus public places

Generally speaking, it’s okay to record someone in a public space. But public buildings (like courts) and publicly accessible private buildings (like shopping malls) can set their own rules. Likewise, places where privacy is implied, like bInathrooms and dressing rooms, have protections.  private spaces, the owner has the right to determine whether someone can or can’t record. 

State laws and one-party consent

Local legislation adds another layer of complexity. Most states follow the federal one-party consent rule, while a dozen states — including California, Oregon, and Pennsylvania — have two-party and mixed consent rules. Breaking state laws can result in criminal or civil penalties. 

Recording laws by states

So, is voice recording illegal? That depends. Federal law establishes a baseline for recording conversations with and without consent, but each state has its own set of rules. Let’s break them down. 

States with one-party consent rules

In 38 states and Washington, D.C., federal law rules. One-party consent means that as long as one person involved in the conversation — including the person who records — consents, it’s legal to record. In other words, if you’re a part of the conversation, you don’t need to inform the other party. 

The states that allow one-party consent are: 

• Alabama
• Alaska
• Arizona
• Arkansas
• Colorado
• District of Columbia
• Georgia
• Hawaii
• Idaho
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Michigan
• Minnesota
• Mississippi
• Missouri
• Nebraska
• Nevada
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• West Virginia
• Wisconsin
• Wyoming

Although federal law may be the standard, some states have “mixed consent” exceptions. For example, in Nevada, private in-person conversations require one-party consent, while phone calls require all-party consent. 

States with two-party consent rules

In 12 states, state law requires two-party consent, also known as all-parties consent. To legally record conversations, every single participant needs to provide permission. Secretly recording someone without their explicit consent can result in criminal charges or penalties. 

Let's break down each state's local nuances:

California

State law requires all-party consent to record oral or electronic communications. If someone in a one-party consent state records communication with a California resident, California’s stricter consent laws apply. Recording without consent is only allowed if all participants hear an audible beep. Other exceptions include recording in public spaces, government proceedings open to the public, and recording evidence of certain crimes. Unauthorized wiretapping is also illegal. 

Connecticut

Connecticut has a mixed consent law with nuances depending on legal action. For evidence gathering in criminal cases (like committing fraud), the state permits one-party consent. But in civil cases, like disputes over invasion of privacy, all parties must consent to record private phone conversations. 

As a rule of thumb, you should always ask for permission with written consent, verbal confirmation, or a clear, automated warning during a call. 

For in-person conversations in Connecticut, only one person’s consent is required. 

Delaware

State privacy laws require all parties to consent to in-person or electronic conversations. Additionally, it’s a felony to intercept communications without consent. 

Florida

In Florida, all parties must provide consent to record or share electronic, in-person, or wire communications. One-party consent exceptions include recording in public places. 

Illinois

Illinois is another all-party consent state when recording conversations and electronic communications. Exceptions include recording in public spaces where privacy isn’t reasonably expected. 

Maryland

In Maryland, you must receive consent from all parties before recording audio from phone calls and in-person conversations. 

Massachusetts

Massachusetts law stipulates that all parties must consent to record phone calls, wiretaps, or in-person conversations. Vague exceptions exist for recording phone calls in “ordinary” business scenarios. To safeguard yourself from potential lawsuits for violating privacy, ask for consent before hitting the record button. 

Montana 

Recording in-person or electronic communications without the explicit consent of all parties is a violation of consent laws. Exceptions include recordings by public officials or employees performing job duties, speakers at public meetings, or people who inform all parties about recording. 

New Hampshire

New Hampshire prohibits recording and sharing contents of all electronic and in-person conversations without all-party consent. 

Oregon

Oregon defines consent by the type of conversation. Only one party must consent to record and share electronic communications, while in-person conversations require all-party consent. 

Pennsylvania 

Pennsylvania follows the all-party consent rule. But the rules around eavesdropping are hazy. The law allows interception or listening to a phone call with a telephone, although other devices (like a wiretap) are prohibited without consent. 

Washington

Washington requires all-party consent to record or share recordings of in-person communications. Exceptions include recording in public places, during emergencies, threats (like extortion or blackmail), or repeated or anonymous communications.

FAQs

Still on the fence about recording meetings without consent? Here’s some more food for thought before hitting record on that Google Meet or group webinar. 

Can you be recorded without consent?

It depends. If you live in a state that follows the one-party consent, you can technically be recorded without providing permission.

Is it wrong to record without consent? 

Living in a state with one-party consent rules doesn’t make it okay to record someone without consent. Recording without permission can be rude and unprofessional. 

In workplace settings, transparency and mutual respect are the building blocks of healthy, long-lasting relationships. Make it a practice to always ask for consent — not only to stay within the law but to nurture positive, professional relationships. 

At Otter, we care about your privacy and security

As the leading AI meeting assistant, Otter is trusted by over 20 million users that believe that voice collaboration is more effective and more efficient when you can retain it, recall it and share it. We recognize your conversations may contain some of your most sensitive and confidential information. That’s why we are committed to keeping your information private and secure. 

Additionally, we believe transparency is important to all meeting participants. As such, users are required to comply with local laws and regulations and must always ask for consent and indicate when they are recording and transcribing conversations with others. When in doubt, you should always ask for permission before recording a conversation or meeting. 

Find more information about Otter.ai privacy and security here.