New York recording law stipulates that it is a one-party consent state. Therefore, in New York, it is a criminal offense to use any device to record, obtain, share or use 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 New York, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. N.Y. Penal Law §§ 250.00, 250.05 (McKinney 2012).
You may not record or share conversations that you are not a part of without the consent of at least one party.
However, New York law does make an exception in cases where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy. New York v. Kirsh, 575 N.Y.S.2d 306 (N.Y. App. Div. 1991).
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 is played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
An audible beep tone is repeated at steady intervals during the conversation.
Can I Sue Someone for Recording Me Without My Permission in NY?
In the United States, you can file a lawsuit for just about anything, but can you successfully sue someone for recording you without permission in NY? The answer is…it depends – on the type of recording, the damages involved with the recording or release, and the location/scenario in which the recording was made.
NY is a one-party consent state, meaning anyone who participates in a conversation is allowed to record it. However, if they are not a party to the conversation, they may face criminal charges under N.Y. Penal Law § 250.05, which would make things much easier in a civil case.
Another increasingly common situation is revenge porn which would be criminally covered under N.Y. Penal Law § 250.55: A person who spreads images of intimate or sexual parts of an individual that were obtained through unlawful surveillance may be found guilty of dissemination of an unlawful surveillance image in the second degree, which is classed as a Class A misdemeanor and carries a maximum jail term of 1 year or 3 years probation. In this case, civil damages would be easier to prove.
Lastly, if someone makes a video recording in an area where there is no expectation of privacy, such as a public street or square, then there is no criminal recourse as that recording is made legally. You may still bring a civil case, although, the likelihood of success is small.
Examples of Legal Recordings of Confidential Communication in New York
Hitting record on your phone prior to going into a meeting with your boss.
Recording a telephone conversation without informing the other party.
Using a recording device to record a meeting at a restaurant.
Recording a public demonstration or speech.
Examples of Illegal Recordings in New York
In New York, it is against the law to make a recording of a conversation that you are not taking a part in. Some examples of this would be:
Leaving a recording device in a room after you leave to record a conversation you are not part of.
Aiming a surveillance camera into an area of a neighbour’s home where there is an expectation of privacy such as an interior window or bedroom.
New York Video Recording Laws
New York allows the installation of video surveillance systems for security purposes as long as the owner of the security system posts a conspicuous notice stating that a video surveillance system has been installed for security purposes. Also, the installation of such a system is legal if the system has been installed in a way that makes the visibility of the security system clearly and immediately obvious.
However, according to N.Y. Penal Law § 250.45, it is considered unlawful surveillance in the second degree to install an imaging device (e.g., video camera) in places where people have a reasonable expectation of privacy without the consent or knowledge of the individual being recorded. These are places such as bedrooms, changing room, fitting room, restroom, toilet, bathroom, washroom, or shower. For example, if you are hosting guests in your house, you are not allowed use surveillance systems to record them when they are in areas where they have a right to privacy (e.g., bedroom). It is also illegal to use an imaging device to view, broadcast or record:
Under the clothing being worn by an individual without the consent or knowledge of such individual.
Intimate or sexual parts of an individual without the consent or knowledge of such individual.
The sexual acts of a person in a surreptitious manner.
If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.
Penalties:
N.Y. Penal Law § 250.05: The illegal recording of a conversation is considered a felony.
N.Y. Penal Law § 250.45: Unlawful surveillance in the second degree is considered a Class E felony which carries a sentence of 2 to 5 years or probation.
N.Y. Penal Law § 250.50: An offender who commits the crime of unlawful surveillance in the second degree and has prior convictions of the crime of unlawful surveillance in the first or second degree may be found guilty of unlawful surveillance in the first degree which is classed as a Class D felony and carries a sentence of 1 to 7 years or probation.
N.Y. Penal Law § 250.55: A person who spreads images of intimate or sexual parts of an individual that were obtained through unlawful surveillance may be found guilty of dissemination of an unlawful surveillance image in the second degree, which is classed as a Class A misdemeanor and carries a maximum jail term of 1 year or 3 years probation.
New York Recording Law FAQ’s
Can I Record Surveillance Video in New York?
New York State does not have any criminal laws regarding outdoor surveillance cameras, but they do have a civil one. The Backyard Surveillance Law was signed into effect as a result of a convicted sex offender training his camera into the backyard of a neighbour. The family called law enforcement, but they were powerless to do anything. While this law does not make it a criminal offense to train an outdoor surveillance camera towards a neighbour, it does make it something that a civil suit can be brought forward for.
How do I Gain Consent to Make a Recording?
As New York is a one-party consent state if you are taking part in the conversation or phone call you do not need to gain consent. However if you are acting as a third party you will need to do one of the following:
Get verbal or written consent prior to the recording being made.
Play 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.
Can I Record a City Council Meeting in New York?
New York allows for people that are attending public meetings such as city council or town board meetings to record as long as they don’t negatively affect the proceedings.
Is a Recorded Conversation Admissable in New York?
Both New York State and Federal Courts consider a recorded phone conversation to be inadmissible hearsay. However, there are many exceptions that apply wherein a recorded conversation would be admissible. A recorded conversation may be admitted for impeachment purposes, as a party admission, a declaration against interest, an inconsistent statement, or admitted as a contemporaneous statement.
How do I Transcribe an Audio Recording?
There are many methods to transcribe audio. You can do it yourself simply in a word document, hire someone to transcribe it, or use an audio transcription service. We recommend using this transcription service because they combine the accuracy of humans with the cost-effectiveness of AI. The turn around time is 12 hours and if necessary you can have them sign a standard NDA.
According to Ala. Code § 13A-11-30 you are not allowed to video record people in “A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access”.
Alaska's highest court has specifically held that the eavesdropping statute is only in place to address 3rd party interceptions. They do have specific protections in place for nude photo and film.
Alaska Stat. Ann. § 42.20.330, § 42.20.310,§ 11.61.123
Consent is required to record conversations in which there is a legal expectation of privacy, though consent is not required in places where there is no reasonable expectation of privacy such as a street or park. One major caveat is that the owner of the telephone line may record phone calls without taking part of them (such as a business owner).
Ark. Code Ann. § 5-60-120 Consent is required to record conversations in which there is a legal expectation of privacy, though consent is not required in places where there is no reasonable expectation of privacy such as a street or park.
In Colorado it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. Albeit there is a caveat in that recording is allowed to take place if there is no reasonable expectation of privacy such as a public place such as a street or park.
In D.C. it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. Albeit there is a caveat in that recording is allowed to take place if there is no reasonable expectation of privacy such as a public place such as a street or park.
In Georgia it is a criminal offense to use any device to record or disclose 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 Georgia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Ga. Code Ann. § 16-11-66(a). Georgia does have a caveat which allows for parents to legally intercept the communications of their children.
Ga. Code Ann. § 16-11-66, Ga. Code Ann. § 16-11-62
Hawaii recording law stipulates that it is a one-party consent state. In Hawaii, it is a criminal offense to use any device to record or disclose 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 Hawaii, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Haw. Rev. Stat. § 803-42.
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.
Idaho Code Ann. § 18-6702.
Federal
Federal law dictates that when no other law applies that it is a one party consent region. State laws will supercede this, so make sure to check your local state laws.
Electronic Communications Privacy Act of 1986 (ECPA) & 18 U.S. Code § 2511
One-Party Consent States (Continued) – Indiana – Mississippi
In Indiana, it is a criminal offense to use any device to intercept communications, whether wire or electronic, without the consent of at least one person taking part in the communication. Ind. Code Ann. § 35-31.5-2-176. This applies to text messages and e-mails as well. Ind. Code Ann. § 35-31.5-2-110.
Ind. Code Ann. § 35-31.5-2-110, Ind. Code Ann. § 35-31.5-2-176.
In Iowa, 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, as long as the recording is made without any criminal intent. Iowa Code Ann. § 808B.2. This means that in Iowa, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Iowa Code Ann. § 727.8.
In Kansas, it is a criminal offense to use any device to record, listen to or amplify 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 Kansas, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Kan. Stat. Ann. § 21-6101(4). This state also has a hidden camera law which forbids the recording and disclosure of intercepted images. Kan. Stat. Ann. § 21-6101(6).
It is a criminal offense to use any device to record, obtain, share or use 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 Kentucky, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Ky. Rev. Stat. Ann. § 526.020. This state’s voyeurism laws also forbids the recording or disclosure of illegally obtained images. Ky. Rev. Stat. Ann. § 531.090.
Ky. Rev. Stat. Ann. § 526.020 ,Ky. Rev. Stat. Ann. § 526.010. , Ky. Rev. Stat. Ann. § 531.090
It is a criminal offense to use any device to record, obtain, use or share 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 Louisiana, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. La. Rev. Stat. Ann. § 15:1303. This state also forbids the recording or sharing obtained illegally under its video voyeurism laws. La. Rev. Stat. Ann. § 14:283.
La. Rev. Stat. Ann. § 15:1303. - Electric Surveillance Act, La. Rev. Stat. Ann. § 14:283.
It is a criminal offense to use any device to record, obtain, use or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication, unless the conversation is audible by normal, unaided hearing. This means that in Maine, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Me. Rev. Stat. Ann. tit. 15, § 710.
This state’s privacy laws also forbid the recording or sharing of images obtained illegally. Me. Rev. Stat. Ann. tit. 17-A, §511.
Me. Rev. Stat. Ann. tit. 15, § 710 , Me. Rev. Stat. Ann. tit. 17-A, §511
It is a criminal offense to use any device to record, obtain, use or share communications, whether they're wire, oral or electronic, without the consent of all contributing parties. This means that in Michigan you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. Mich. Comp. Laws § 750.539c . *The Michigan Court of appeals has precedent interpreting the wiretapping statue as only applying to a third party interception of a conversation. In Michigan if you are taking part in a conversation, you are allowed to record the conversation. This is due to an interpretation of the word eavesdrop by the Michigan Court of Appeals, so while the law is written as an 'All Party Consent' law, the interpretation of it in Michigan is that the term 'eavesdrop' only applies to outside third parties listening in.
It is a criminal offense to use any device to record, obtain, share or use 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 Minnesota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intent. Minn. Stat. § 626A.02.
This state’s hidden camera laws also forbid the recording or sharing of illegally obtained images. Minn. Stat. § 609.746. Minn. Stat. § 626A.02 , Minn. Stat. § 609.746.
It is a criminal offense to use any device to record, obtain, share or use 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 Mississippi, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Miss. Code Ann. § 41-29-531(e).
This state’s hidden camera law forbids the recording or sharing of illegally obtained images. Miss. Code Ann. § 97-29-63.
Miss. Code Ann. § 41-29-531, Miss. Code Ann. § 97-29-63
One-Party Consent States (Continued) – Missouri – Oklahoma
It is a criminal offense to use any device to record or share communications, whether they’re wire or oral, without the consent of at least one contributing party. This means that in Missouri you are not legally allowed to record a wire or oral conversation you are taking part in unless you have the consent of at least one party. t is a criminal offense to use any device to record or share communications, whether they’re wire or oral, without the consent of at least one contributing party. This means that in Missouri you are not legally allowed to record a wire or oral conversation you are taking part in unless you have the consent of at least one party.
This state does stipulate that electronic communications can be lawfully recorded or shared with the consent of at least one party, barring any criminal intentions. This applies to conversations where all contributing parties are using a cell phone, including text messages sent between cell phones. However, a Missouri appellate court determined that a conversation taking place where one party is using a cell phone and the other is using a regular wire phone is indeed protected under the wiretap law. Lee v. Lee, 967 S.W.2d 82 (Mo. Ct. App. 1998).
Mo. Ann. Stat. § 542.402(2)(3), Lee v. Lee, 967 S.W.2d 82 (Mo. Ct. App. 1998).
It is a criminal offense to use any device to record or share 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 Nebraska, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Neb. Rev. Stat. § 86-290 (2011).
It is a criminal offense to use any device to record, obtain, share or use oral conversations without the consent of at least one person taking part in the communication. However, the recording or sharing of wire conversations require the consent of all involved parties. This means that in Nevada, you are legally allowed to record an oral conversation if you are a contributor, or with prior consent from one of the involved parties, but you need the consent of everyone involved to record wire communications. Wired communication refers to the transmission of data, so even if it's a wireless device such as a cellphone it is still considered to be wired communication. Examples of wired communications are cell phones, land lines, zoom calls, and VOIP.
Nev. Rev. Stat. §§ 200.620, 200.650 (2011), Lane V. Allstate
It is a criminal offense to use any device to record or share communications, whether they are oral or electronic, without the consent of at least one person taking part in the communication. This means that in New Jersey, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. N.J. Stat. Ann. § 2A:156A-4 (West 2012).
N.J. Stat. Ann. § 2A:156A-4 (West 2012), N.J. Stat. Ann. § 2A:156A-2
It is a criminal offense to use any device to record, obtain, share or use wire communications without the consent of at least one person taking part in the conversation. This means that in New Mexico, you are legally allowed to record a wire conversation if you are a contributor, or with prior consent from one of the involved parties. This state does not require consent to record oral communication. N.M. Stat. Ann. § 30-12-1 (West 2012). New Mexico law states that journalists do not require consent to record electronic communications. This applies to conversations where all contributing parties are using a cell phone or other wireless devices, including text messages sent between cell phones. N.M. Stat. Ann. § 30-12-1.
It is a criminal offense to use any device to record, obtain, share or use 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 New York, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. N.Y. Penal Law §§ 250.00, 250.05 (McKinney 2012).
It is a criminal offense to use any device to record or share 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 North Carolina, you are legally allowed to record a conversation with prior consent from one of the involved parties. N.C. Gen. Stat. Ann. § 15A-287 (West 2012).
A North Carolina appellate court determined that implied consent to a recording is established once a party is told they are being recorded and remains a part of the conversation regardless. North Carolina v. Price, 611 S.E.2d 891 (N.C. Ct. App. 2005).
N.C. Gen. Stat. Ann. § 15A-287, North Carolina v. Price, 611 S.E.2d 891 (N.C. Ct. App. 2005).
It is a criminal offense to use any device to record or share 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 North Dakota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. N.D. Cent. Code § 12.1-15-02 (2011).
However, while the consent of one party is required to record a telephone conversation, this only applies to conversations that take place entirely or partially through “wire, cable, or other like connection between the point of origin and the point of reception”. Therefore, conversations where all parties are using a cell phone, as well as messages exchanged between cell phones, can be lawfully intercepted. N.D. Cent. Code § 12.1-15-04.
It is a criminal offense to use any device to record or share 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 Ohio, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Ohio Rev. Code Ann. § 2933.52 (West 2012).
Ohio Rev. Code Ann. § 2933.52 (West 2012), Ohio Rev. Code Ann. § 2933.51.
It is a criminal offense to use any device to record or share use 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 Oklahoma, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Okla. Stat. Ann. tit. 13, § 176.4 (West 2012).
Okla. Stat. Ann. tit. 13, § 176.4 (West 2012), Okla. Stat. Ann. tit. 13, § 176.4 , Okla. Stat. Ann. tit. 21, § 1202.
One-Party Consent States Continued – Rhode Island – Wyoming
It is a criminal offense to use any device to record or share use 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 Rhode Island, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to share the details of a conversation that has become widely circulated or available to the public. R.I. Gen. Laws § 11-35-21 (2012).
R.I. Gen. Laws § 11-35-21 (2012), R.I. Gen. Laws § 12-5.1-1
It is a criminal offense to use any device to record or share use 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 South Carolina, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. S.C. Code Ann. § 17-30-30 (2011).
S.C. Code Ann. § 17-30-30 (2011), S.C. Code Ann. § 17-30-15
It is a criminal offense to use any device to record or share use 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 South Dakota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. S.D. Codified Laws § 23A-35A-20 (2012).
It is a criminal offense to use any device to record or share use 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 Tennessee, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Tenn. Code Ann. § 39-13-601 (West 2012).
Tenn. Code Ann. § 39-13-601 & Tenn. Code Ann. § 39-13-604 & Tenn. Code Ann. § 40-6-303 (West 2012)
It is a criminal offense to use any device to record or share use 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 Texas, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Tex. Penal Code Ann. § 16.02 (Vernon 2011).
Tex. Penal Code Ann. § 16.02 (Vernon 2011) & Tex. Code Crim. Proc. Ann. art. 18.20
It is a criminal offense to use any device to record or share use 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 Utah, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications easily available to the public.
Utah Code Ann. § 77-23a-3 & Utah Code Ann. § 77-23a-4
Vermont law does not contain any provisions regarding the legality of recording or sharing any kind of audio-based conversations. This means that Vermont is considered a one-party consent state. However, the state Supreme Court has determined that it is a criminal offense to covertly and electronically monitor communications occurring in an person’s home. Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002). A state high court upheld that an individual should not be under the expectation of privacy in a hospital’s emergency treatment section as any number of different people are frequently coming and going. Vermont v. Rheaume, 889 A.2d 711 (Vt. 2005). It is also considered lawful to record a conversation taking place in a parking lot for the same reason. Vermont v. Brooks, 601 A.2d 963 (Vt. 1991).
Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002) & Vermont v. Rheaume, 889 A.2d 711 (Vt. 2005) & Vermont v. Brooks, 601 A.2d 963 (Vt. 1991).
In Virginia, it is a criminal offense to use any device to record or share use 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 Virginia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Va. Code Ann. § 19.2-62 (West 2012).
Va. Code Ann. § 19.2-61 & Va. Code Ann. § 19.2-62 (West 2012).
It is a criminal offense to use any device to record or share use 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 West Virginia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. W. Va. Code § 62-1D-3 (2012).
In Wisconsin, it is a criminal offense to use any device to record or share use 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 Wisconsin, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Wis. Stat. Ann. § 968.31 (West 2011). Evidence that is obtained by recording communication is 'totally' inadmissable in civil court cases. Regardless of who took the recording, the only way a recording can be admissable in a civil case is with the consent of the person recorded.
Wis. Stat. Ann. § 968.27 (West 2011) & Wis. Stat. Ann. § 968.31 (West 2011) & Wis. Stat. Ann. § 885.365(1
It is a criminal offense to use any device to record or share use 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 Wyoming, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Wyo. Stat. Ann. § 7-3-702 (2012).
Wyo. Stat. Ann. § 7-3-702
If you’re interested in privacy, check out our blog post on using VPNs, one of the best ways to protect your privacy online.
New York is a one party consent state, so if you’re taking part of the conversation then you are within your rights to record the conversation. That being said, since it’s for a job it is best practice to inform them that you are recording.
New York is a one party consent state, so unless you are in a place with what is called ‘A reasonable expectation of privacy’ then your rights are quite limited. These places would typically be in areas like bedrooms, bathrooms, in your own home. If you are in a public place and someone is recording you again, you are quite limited.
If you are in a public place, asking to not be recorded is your best bet.
Is a therapist’s office considered an expectation of privacy? Is a phone call in the middle of a busy front desk area considered an expectation or privacy?
Hi Pam,
Typically anywhere inside an actual therapists office would be a place you would consider private, although a lot of therapists will still record your conversation. Outside of the therapists office in hallways and main gathering areas there is less expectation of privacy. These would be similar to how you would treat hallways in apartment buildings.
That being said a therapists office should be an intensely personal/safe space so I would expect the office to take precautions to make sure that their clients feel safe.
Can i record my conversation with my husband inside a therapist office?
Can I record my conversation with my husband while he is near the front desk in a hospital setting?
Inside a therapists office there would be an expectation of privacy. Outside of the therapist office in a public place such as a hospital front desk you would be able to record the conversation as long as you are a participant in the conversation. For example, you are not able to record a conversation between your husband and a nurse.
I would like to record certain conversations at work that I have with my boss. Do I have the right to do as I wish with that recording? Or do I need consent to distribute?
Hi Joe,
New York is a one party consent state, so it is not necessary for them to inform you they are recording the conversation as long as the person recording is taking part in the conversation.
I have a physical disability involving my hands. I purchased a strap-on device that holds my cell phone over my chest. I’ve been the victim of many public place incidents so I felt with this option, I would have physical tangible/recording evidence if it happens again. Being NY is a one party consent state and I am using this as I walk on the sidewalk or go into a grocery store (and not in a private setting as outlined above) am I legally protected or being unlawful if someone questions me on whether they are being recorded?
Seeing as New York is a one party consent state you are within your rights to record in public places such as sidewalks. You may run into issues in other places you mentioned such as grocery stores or malls as these are private places and are allowed to enforce their own rules such as ‘No recording allowed’
If I work inside a private doctor’s office, and the doctor places cameras in every room, recording video and audio, even in an exam room (patient’s do not get undressed or anything), is this a violation of HIPAA law as well as a violation of NYS Recording Law? I have not given any written consent to be recorded nor has my patients.
New York is a one-party consent state, what this means is that they would be allowed to record with the consent of one person (either doctor or patient). This could be accomplished by having the patient sign a waiver before entering or if they had the consent of all staff.
Additionally HIPPA has some additional restrictions that must be followed for patient safety. So it’s less the act of recording the patient and more protecting the information and data acquired in that recording.
I have a first hearing at job, can I record?
New York is a one party consent state, so if you’re taking part of the conversation then you are within your rights to record the conversation. That being said, since it’s for a job it is best practice to inform them that you are recording.
If I am the person being recorded and I do NOT wish to be recorded what rights do I have?
New York is a one party consent state, so unless you are in a place with what is called ‘A reasonable expectation of privacy’ then your rights are quite limited. These places would typically be in areas like bedrooms, bathrooms, in your own home. If you are in a public place and someone is recording you again, you are quite limited.
If you are in a public place, asking to not be recorded is your best bet.
Is a therapist’s office considered an expectation of privacy? Is a phone call in the middle of a busy front desk area considered an expectation or privacy?
Hi Pam,
Typically anywhere inside an actual therapists office would be a place you would consider private, although a lot of therapists will still record your conversation. Outside of the therapists office in hallways and main gathering areas there is less expectation of privacy. These would be similar to how you would treat hallways in apartment buildings.
That being said a therapists office should be an intensely personal/safe space so I would expect the office to take precautions to make sure that their clients feel safe.
Can i record my conversation with my husband inside a therapist office?
Can I record my conversation with my husband while he is near the front desk in a hospital setting?
Inside a therapists office there would be an expectation of privacy. Outside of the therapist office in a public place such as a hospital front desk you would be able to record the conversation as long as you are a participant in the conversation. For example, you are not able to record a conversation between your husband and a nurse.
I would like to record certain conversations at work that I have with my boss. Do I have the right to do as I wish with that recording? Or do I need consent to distribute?
As New York is a one party consent state, as long as you are taking part in the conversation the recordings are legal to own and distribute.
If I am on a phone conversation and have not given my consent to be recorded and the other party records the conversation, is that illegal in NYC?
Hi Joe,
New York is a one party consent state, so it is not necessary for them to inform you they are recording the conversation as long as the person recording is taking part in the conversation.
I have a physical disability involving my hands. I purchased a strap-on device that holds my cell phone over my chest. I’ve been the victim of many public place incidents so I felt with this option, I would have physical tangible/recording evidence if it happens again. Being NY is a one party consent state and I am using this as I walk on the sidewalk or go into a grocery store (and not in a private setting as outlined above) am I legally protected or being unlawful if someone questions me on whether they are being recorded?
Hi Peter,
Seeing as New York is a one party consent state you are within your rights to record in public places such as sidewalks. You may run into issues in other places you mentioned such as grocery stores or malls as these are private places and are allowed to enforce their own rules such as ‘No recording allowed’
If I work inside a private doctor’s office, and the doctor places cameras in every room, recording video and audio, even in an exam room (patient’s do not get undressed or anything), is this a violation of HIPAA law as well as a violation of NYS Recording Law? I have not given any written consent to be recorded nor has my patients.
Hi Betsy!
New York is a one-party consent state, what this means is that they would be allowed to record with the consent of one person (either doctor or patient). This could be accomplished by having the patient sign a waiver before entering or if they had the consent of all staff.
Additionally HIPPA has some additional restrictions that must be followed for patient safety. So it’s less the act of recording the patient and more protecting the information and data acquired in that recording.