In general it is illegal to record private audio of conversations between two individuals without the consent of one or both parties. The biggest thing to know first is whether you are in a one party, or all party consent state. You can look at our list of One Party Consent States or All Party Consent States to see which applies to your state. There are both state and federal laws that can affect a video recording, and the law sides with whichever is more restrictive. So if you state has stricter laws then the federal laws, state law is what you would like to follow.
You’ll have to go into your local state laws to find out more information, but to keep it short and simple. The answer to the question ‘Is it illegal to video record someone without their consent’ depends on where the recording takes place, and whether audio is included in that recording.
Can I Video Record Someone Without Their Consent Chart
| One Party Consent States | All Party Consent States | |
| Public Space Video Recording (No Audio) | Yes | Yes |
| Public Space Audio Recording | Yes | Need Consent |
| Private Space | Need consent of one party | Need Consent |
| Police Working in Official Capacity | Yes | Yes |