Massachusetts Recording Laws (2026 Guide)

Last Updated: January 2026 | Verified against current Massachusetts General Laws

Quick Answer

Massachusetts has one of the strictest recording laws in the United States. Under Mass. Gen. Laws ch. 272, § 99, it is a crime to secretly record any wire or oral communication without consent from all parties. The key word is “secret” – if everyone knows they’re being recorded, it’s legal. Penalties include up to 5 years in prison and $10,000 in fines.

Massachusetts Recording Law Summary

Key Point	Answer
Consent Type	All-Party Consent (no secret recording)
Can you record your own calls?	Only if not “secret” – all parties must know
Must you inform others?	Yes – recording cannot be secret
Key Statute	Mass. Gen. Laws ch. 272, § 99
Criminal Penalty (Interception)	Up to 5 years prison, $10,000 fine
Criminal Penalty (Disclosure)	Up to 2 years prison, $5,000 fine
Civil Liability	Compensatory damages + punitive + attorney fees

---

Understanding Massachusetts’ “Secret Recording” Law

What Makes Massachusetts Unique

Unlike other two-party consent states that focus purely on consent, Massachusetts specifically prohibits secret recording. The distinction matters:

• If everyone knows they’re being recorded (whether they consent or not), the recording is generally legal
• If the recording is secret (hidden), it’s illegal regardless of your intentions
• Even possessing recording equipment with intent to secretly record is a crime

The Legal Foundation

Massachusetts recording laws are found in:

• Mass. Gen. Laws ch. 272, § 99 – The main wiretapping statute
• § 99 B.4 – Definition of “interception”
• § 99 C – Penalties for violations

What’s Prohibited

Under Massachusetts law, it is illegal to:

• Intentionally and secretly intercept any wire or oral communication
• Attempt to secretly intercept communications
• Possess devices with intent to secretly intercept
• Disclose or use contents of illegally intercepted communications

---

Recording Phone Calls in Massachusetts

Can You Record Phone Calls in Massachusetts?

Yes, but the recording cannot be secret. All parties must be aware that the call is being recorded. To legally record:

• Announce at the beginning that you’re recording
• Ensure all parties acknowledge the recording
• If anyone doesn’t want to be recorded, they can end the call

The key difference from other states: Massachusetts focuses on whether recording is “secret,” not just whether consent was given.

Recording Calls Across State Lines

When calling between Massachusetts and other states:

• If the other state has stricter rules, follow them
• Massachusetts law applies to communications intercepted in Massachusetts
• Always disclose recording to avoid criminal liability

Business Call Recording

Massachusetts businesses recording calls must:

• Clearly announce “This call may be recorded”
• Ensure the announcement is heard before recording begins
• Train employees on proper disclosure procedures

---

Recording In-Person Conversations

When Is Recording Legal?

• When all parties know they’re being recorded (not secret)
• In public settings where recording is obviously occurring
• When recording police in public performing official duties (First Amendment protection)

When Is Recording Illegal?

• Secret recording of any conversation
• Using hidden devices to capture communications
• Recording where parties have no knowledge of the recording
• Even having recording devices with intent to secretly record

The “Secret” Element

Massachusetts courts have held that if all parties know recording is occurring, the recording is permitted – even if consent was obtained under false pretenses. The critical question is whether the recording was hidden or secret.

---

Massachusetts Video Recording Laws

Video Surveillance

Massachusetts wiretapping law applies to video recording when audio is captured:

• Silent video in public is generally permitted
• Video with audio is subject to the secret recording prohibition
• Hidden cameras capturing audio are illegal

Video Voyeurism

Massachusetts has separate laws prohibiting:

• Recording in places where privacy is expected
• “Upskirting” and similar invasive recordings
• Distributing intimate images without consent

---

Recording in the Workplace

Can You Record at Work in Massachusetts?

Secret recording in the workplace is illegal under Massachusetts law. You cannot:

• Secretly record meetings with supervisors
• Use hidden devices to capture workplace conversations
• Record coworkers without their knowledge

If you want to record a workplace conversation, you must disclose that you’re recording. The other party doesn’t have to consent, but they must know.

Employer Monitoring

Employers may monitor communications if:

• Employees are informed that monitoring occurs
• Monitoring is not “secret”
• Business justification exists

---

Recording Police in Massachusetts

Can You Record Police Officers in Massachusetts?

Yes. In 2020, the U.S. Court of Appeals for the First Circuit ruled in Project Veritas Action Fund v. Rollins that the Massachusetts wiretapping statute is unconstitutional as applied to secret recordings of police officers performing their duties in public.

This means:

• Recording police in public is protected by the First Amendment
• You don’t have to disclose that you’re recording police in public
• This protection applies to public performance of official duties

Recording Public Meetings

Massachusetts Open Meeting Law generally allows recording at public government meetings. Recording should be obvious, not secret.

---

Penalties for Illegal Recording in Massachusetts

Criminal Penalties

Offense	Maximum Penalty
Secret interception of communications	5 years prison, $10,000 fine
Possession with intent to secretly intercept	5 years prison, $10,000 fine
Disclosure of illegally intercepted communications	2 years prison, $5,000 fine
Using illegally intercepted communications	2 years prison, $5,000 fine

Civil Liability

Victims of illegal recording may sue for:

• Compensatory damages – calculated per day of violation
• Punitive damages – for malicious violations
• Attorney’s fees – recovery of legal costs

Inadmissibility

Illegally obtained recordings are inadmissible in Massachusetts courts.

---

Exceptions to Massachusetts Recording Laws

Lawful Exceptions

• Law enforcement with proper court authorization
• Recording police in public (First Amendment protection per Project Veritas)
• Non-secret recording – if everyone knows, it’s not secret
• Service providers in normal business operations

---

Frequently Asked Questions

Is Massachusetts a two-party consent state?

Yes, but more specifically, Massachusetts prohibits secret recording. All parties must know they’re being recorded – consent isn’t the focus, awareness is.

Can I record a conversation if the other person knows but doesn’t consent?

Generally yes. Massachusetts law prohibits secret recording. If the other party knows you’re recording, even if they object, the recording itself may not violate the wiretapping statute (though other legal issues may arise).

Can I record a phone call in Massachusetts?

Yes, but you must disclose that you’re recording. The call cannot be secretly recorded.

What are the penalties for secretly recording someone?

Up to 5 years in prison and $10,000 in fines for interception. Up to 2 years and $5,000 for disclosure.

Can I record my employer in Massachusetts?

Only if you disclose that you’re recording. Secret recording of workplace conversations is illegal.

Can I record police in Massachusetts?

Yes. Federal courts have ruled that recording police in public is protected by the First Amendment, even if done secretly.

Is possessing recording equipment illegal in Massachusetts?

Only if you possess it with intent to secretly intercept communications.

---

Related Massachusetts Laws

• Massachusetts Whistleblower Laws
• Massachusetts Sexting Laws
• Massachusetts Child Support Laws

---

Sources and Legal References

Source	Link
Mass. Gen. Laws ch. 272, § 99	Massachusetts Legislature
DMLP – Massachusetts Recording Law	Digital Media Law Project
Reporters Committee – Massachusetts	rcfp.org

---

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Massachusetts has very strict recording laws with severe criminal penalties. If you have questions about recording in Massachusetts, consult with a licensed Massachusetts attorney.

---

Two-Party Consent States Reference

Massachusetts is one of the strictest recording law states, specifically prohibiting “secret” recording.

State	Key Statute
California	Cal. Penal Code § 632
Connecticut*	Conn. Gen. Stat. § 52-570d
Delaware*	11 Del. C. § 1335 / § 2402
Florida	Fla. Stat. § 934.03
Illinois	720 ILCS 5/14-2
Maryland	Md. Code, Cts. & Jud. Proc. § 10-402
Massachusetts	Mass. Gen. Laws ch. 272, § 99
Michigan*	Mich. Comp. Laws § 750.539c
Montana	Mont. Code Ann. § 45-8-213
New Hampshire	N.H. Rev. Stat. Ann. § 570-A:2
Oregon	Or. Rev. Stat. § 165.540
Pennsylvania	18 Pa. C.S. § 5703
Washington	Wash. Rev. Code § 9.73.030

*Connecticut has different rules for phone vs. in-person. Delaware has conflicting statutes. Michigan courts have varied interpretations.

One-Party Consent States

Most other states follow one-party consent rules. See our One-Party Consent States Guide for details.