Employee Monitoring Law Planner
Sources

New Hampshire Wiretapping and Eavesdropping Act (RSA 570-A)

Law. Placed at New Hampshire. Read 30 Sep 2026; 4 provisions cited by the planner.

What does New Hampshire Wiretapping and Eavesdropping Act (RSA 570-A) require?

A person must not wilfully intercept, try to intercept, or procure another to intercept a telecommunication (a call or other transfer of information over a carrier's facilities, including wireless) without the consent of all parties, unless the chapter provides otherwise. Also cited: 570-A:2, I(a), in-person conversations: record only with the consent of all parties where privacy is expected; 570-A:2, I-a, a party to the conversation must also have every other party's consent before recording.

RSA 570-A:2, I(a)Phone and carrier communications: intercept or record only with the consent of all parties

A person must not wilfully intercept, try to intercept, or procure another to intercept a telecommunication (a call or other transfer of information over a carrier's facilities, including wireless) without the consent of all parties, unless the chapter provides otherwise. Penalty: class B felony.

What a reviewer asks to see: Inventory of recording of calls, video calls and carrier-borne messaging with New Hampshire parties, with the all-party consent route for each; Announcement and configuration evidence for recorded lines
Where monitoring plans usually fall short: Recording based only on the recording party's own consent; Mobile call recording apps used by staff without telling the other party
Source: New Hampshire Wiretapping and Eavesdropping Act (RSA 570-A), read 30 Sep 2026
RSA 570-A:2, I(a)In-person conversations: record only with the consent of all parties where privacy is expected

A person must not wilfully intercept or record an oral communication, meaning words spoken with a justified expectation that they are not being intercepted, without the consent of all parties. For an employer this covers audio-capable CCTV, meeting and interview recording and covert microphones.

What a reviewer asks to see: Register of audio-capable devices in New Hampshire premises with the consent obtained; Meeting and interview recording procedure capturing every participant's consent
Where monitoring plans usually fall short: Audio recording in break rooms or offices; Covert recording of an investigation interview
Source: New Hampshire Wiretapping and Eavesdropping Act (RSA 570-A), read 30 Sep 2026
RSA 570-A:2, I-aA party to the conversation must also have every other party's consent before recording

A person who is a party to a telecommunication or oral communication, or who has one party's prior consent, must not knowingly intercept it without the consent of all parties; outside the law enforcement procedure in 570-A:2, II(d), doing so is a misdemeanour. Being a participant is not enough in New Hampshire.

What a reviewer asks to see: Policy telling staff that recording their own calls or meetings needs every other participant's consent; Consent records for recordings made by participants (managers, HR, sales staff)
Where monitoring plans usually fall short: Staff record their own calls on personal phones assuming their own consent suffices
Source: New Hampshire Wiretapping and Eavesdropping Act (RSA 570-A), read 30 Sep 2026
RSA 570-A:1, IV(a)Business-extension exclusion: carrier-furnished telephone equipment used in the ordinary course of business

Telephone or telegraph equipment furnished to a subscriber by a communication carrier in the ordinary course of its business and used by the subscriber in the ordinary course of its business, or furnished by the subscriber for connection to the service and so used under the approved telephone company rules, is not an interception device. Monitoring outside such equipment or outside the ordinary course of business needs all parties' consent.

What a reviewer asks to see: Description of the telephone equipment used for monitoring and its business purpose
Where monitoring plans usually fall short: Separate recorders or software treated as carrier equipment
Source: New Hampshire Wiretapping and Eavesdropping Act (RSA 570-A), read 30 Sep 2026

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