7 Call recording consent

For counsel: Whose consent does the law of this location ask before a call is recorded (every party, or one), how is it obtained, and does it hold for callers in other states?

• Recording consentstatutory requirementThe consent of every party before recording a confidential communication, and before recording any call involving a cellular or cordless phone. Cal. Penal Code 632(a)Cal. Penal Code 632.7(a)Cal. Penal Code 631(a)Cal. Penal Code 631(a)
• Recording consentstatutory requirementNo surreptitious recording of a private conversation without the consent of every party; a business doing telephone sales, service or research may monitor its employees' calls for quality, training or research only with one active party's consent, with unmonitored personal lines, and with no onward use. Illinois Eavesdropping Act 14-2(a)(1)Illinois Eavesdropping Act 14-2(a)(2)Illinois Eavesdropping Act 14-2(a)(3)Illinois Eavesdropping Act 14-3(j)Illinois Eavesdropping Act 14-3(j)
• Recording consentstatutory requirementNo interception of calls or messages unless an exception applies: a party's prior consent (never for a criminal or tortious purpose), or equipment used in the ordinary course of business. Both are conditions to show, not a default. ECPA 2511(1)(a)ECPA 2511(2)(d)ECPA 2510(5)(a)
• Recording consentstatutory requirementNo recording of another person's non-public spoken words on a sound carrier, and no listening in with a device to words not meant for the listener, without the authorisation of every participant; a recording of doubtful origin is neither used nor passed on. A criminal provision, read beside the works agreement and BDSG s 26 lines. StGB s 201(1)StGB s 201(2)
• Recording consentstatutory requirementChapter 24 lets a party, or someone with one party's prior consent, intercept a call or conversation; the criminal code (s 1335(a)(4)) separately asks for the consent of all parties. The two are recorded side by side and not resolved: a question for counsel. Del. Code tit. 11 2402(a)(1) and (c)(4)Del. Code tit. 11 2401(8)
• Recording consentstatutory requirementInterception by or with the express consent of the system controller, for a listed purpose (such as standards achieved in the course of duties), and all reasonable efforts to tell every user of the system that calls may be intercepted. UK interception regulations reg 3(1)(a)UK interception regulations reg 3(2)(c)UK interception regulations reg 4(1)(c)ICO monitoring guidance para 3.3(a)
• Recording consentstatutory requirementRecording a private conversation as a party needs every principal party's consent, or one party's where recording is reasonably necessary to protect that party's own interests; listening to a conversation you are not part of is not allowed. NSW SDA s 7(1)(a)NSW SDA s 7(1)(b) and (3)
• Recording consentstatutory requirementA listening device on a private conversation you are not part of needs every party's consent. Vic SDA s 6
• Recording consentstatutory requirementInterception of communications passing over a telecommunications system. Telecommunications (Interception and Access) Act 1979 (Cth), named, not quoted
• Recording consentverification requiredOccasional listening or recording for training, evaluation or service quality, never permanent or systematic unless a law requires it; callers told at the start of the call and able to object. CNIL guidance CALL-1CNIL guidance CALL-2CNIL guidance CALL-6 official guidance, not law
• Recording consentstatutory requirementRecord a private phone call only with the prior consent of all parties (in writing or at the start of the recording), a recorded verbal notice at the start, or an automatic warning tone about every fifteen seconds. Conn. Gen. Stat. 52-570d(a)
• Recording consentstatutory requirementCalls, in-person conversations where privacy is expected, and electronic messages in transit: the prior consent of all parties; one party's consent, the recorder's own included, is not enough. Provider-furnished telephone equipment used in the ordinary course of business is outside the definition. Fla. Stat. 934.03(1)(a)Fla. Stat. 934.03(1)(a)Fla. Stat. 934.03(1)(a)Fla. Stat. 934.02(4)(a)Fla. Stat. 934.03(1)(d)
• Recording consentstatutory requirementThe consent of all participants before recording a call or a private conversation; consent is obtained once a party announces the recording to all others and the announcement itself is recorded. RCW 9.73.030(1)(a)RCW 9.73.030(1)(b)RCW 9.73.030(3)
• Recording consentstatutory requirementNo secret hearing or recording of a call or of spoken words without the prior authority of all parties; open recording the speakers know about is not an interception. Tariffed business telephone equipment used in the ordinary course of business is outside the definition. M.G.L. c. 272 s. 99 C.1M.G.L. c. 272 s. 99 C.1M.G.L. c. 272 s. 99 B.3 and D.1.bM.G.L. c. 272 s. 99 C.3
• Recording consentstatutory requirementCalls, in-person conversations and messages in transit: the prior consent of all parties; telephone marketing and customer service calls may be monitored for training, quality control or monitoring with one party's consent, used only for those purposes and destroyed within one year. 18 Pa.C.S. 5703(1)18 Pa.C.S. 5703(1)18 Pa.C.S. 5703(1)18 Pa.C.S. 5704(15)18 Pa.C.S. 5704(15)
• Recording consentstatutory requirementRecord a call, a private conversation or a message in transit only as a party and with the prior consent of all parties. Md. Cts. & Jud. Proc. 10-402(a)(1)Md. Cts. & Jud. Proc. 10-402(a)(1)Md. Cts. & Jud. Proc. 10-402(a)(1)Md. Cts. & Jud. Proc. 10-401(8)
• Recording consentstatutory requirementNo recording of a call or conversation by a hidden device without the knowledge of all parties; where the parties have been warned of the recording, either may record. Mont. Code Ann. 45-8-213(1)(c)Mont. Code Ann. 45-8-213(3)
• Recording consentstatutory requirementCalls and conversations where privacy is expected: the consent of all parties, and a party to the conversation needs every other party's consent too. RSA 570-A:2, I(a)RSA 570-A:2, I(a)RSA 570-A:2, I-aRSA 570-A:1, IV(a)
• Recording consentstatutory requirementPhone and radio communications: a non-participant needs at least one participant's consent. In-person and video conference conversations: every participant specifically informed before it is obtained. ORS 165.540(1)(a)ORS 165.540(1)(c)ORS 165.543
• Recording consentstatutory requirementPhone calls: not on one party's consent alone (the court has, as reported, required all parties); in-person private conversations: one participant's authority. NRS 200.620(1)NRS 200.650
• Recording consentstatutory requirementNo device to eavesdrop on a private conversation without the consent of all parties; whether a participant may record their own conversation is unsettled in the case law and recorded as such. MCL 539cMCL 539e
• Recording consentstatutory requirementA listening device on a private conversation only as a party, or with the consent of one of the speakers; a party who records may publish the record only as s 45 allows. Qld IPA s 43(1)Qld IPA s 45(1)Qld IPA s 44(1)
• Recording consentstatutory requirementNo intentional interception of a call, of an in-person conversation captured by a device, or of a message in transit, unless the recorder is a party to it or one party gave prior consent, and never to further an aim outside the law; contents known or suspected to come from an interception outside those terms are neither disclosed nor used. Tex. Penal Code s 16.02(b)(1)Tex. Penal Code s 16.02(c)(4)Tex. Penal Code s 16.02(b)(2) and (3)
• Recording consentstatutory requirementNo wiretapping, mechanical overhearing of a conversation or interception of electronic communications without the consent of a party (for a conversation) or of the sender or receiver (for a call or an electronic message), or an eavesdropping warrant; the consent basis for each recording and interception tool is the record to hold. NY Penal Law s 250.05

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