Idaho Recording Law Summary:
Idaho recording law stipulates that it is a one-party consent state. In Idaho, it is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Idaho, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Idaho Code Ann. § 18-6702.
You may not record conversations that you are not a part of without the consent of at least one party.
If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:
- Getting verbal or written consent prior to the recording being made.
- A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
- An audible beep tone being repeated at steady intervals during the duration of the conversation.
Idaho Code Ann. § 18-6702: Illegally recording or disclosing the contents of a conversation without consent is considered a felony and is subject to a maximum $5,000 fine as well as up to five years in prison.
Idaho Video Recording Laws
As Idaho is a one party consent state it is legal to video record any conversation that you are personally taking part in. Video recording where you are not part of the recording like surveillance IS permissible in places where there isn’t an expectation of privacy, or if you own the property. For example if you have a surveillance camera you are allowed to have it watch anything on your property, but you cannot have it pointing in to your neighbors house.
Idaho also has a state specific law 18-6609 for the crime of video voyeurism. This means that a recording cannot be made in a place where a person would believe that they would have any expectation of privacy or could be in any state of undress. This also includes public places where certain steps have been taken to hide their ‘intimate’ areas. The Idaho video voyeurism is appropriately strict in that it essentially puts the onus on the victim to decide if they have been violated, and if they have and the person recording has disseminated the video. They can be charged.
This law does not apply to images involving voluntary exposure in public or commercial settings. Disclosures made in the public interest including reporting unlawful conduct, or helping law enforcement.