New York Recording Law Summary:
New York recording law stipulates that it is a one-party consent state. 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 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.
N.Y. Penal Law § 250.05: The illegal recording of a conversation is considered a felony.