No, it is not usually illegal to record a conversation in New York, and that’s mainly because it is allowed as long as you’re part of the conversation. That’s all! But this whole recording conversation thing isn’t as simple as that, there are many more things you should consider before you go about it. That is the reason we’d recommend you to just keep on reading and make sure you’re in the right and operating within legal boundaries when you do so.
Federal Law vs. New York State Law
It is a 100% true and fact that different rules apply for recording conversations depending on the place where you are. There are two sets of rules: federal law and state law.
Starting with the federal law, well, it permits recording only when at least one person in the conversation is aware of it. That is to say, if you are a part of the conversation, you can make a recording without informing the other person. But the thing is: if you secretly record two people without being a part of their conversation, it is regarded as wiretapping, and it is against the law.
On the other hand, states have the option to implement additional laws. A few of them stipulate that consent of all parties must be obtained prior to a recording. The rest are in line with the federal regulations. New York is a state that is consistent with the latter.
New York’s One-Party Consent Rule
It is true that just one person in the dialogue has to be aware that the conversation is being recorded in New York. And if you are the one speaking, that is pretty much sufficient. There is no requirement to seek permission. Plain and simple!
On the other hand, if you are not involved in the talk, you are not allowed to film it in any case. That’s how it is, like, it is against the law to leave your phone in another room or use a device to secretly listen to the conversation. And just so you know, should you take such a step, it will be upgraded to a Class E felony with a possible incarceration of up to four years as well as a fine of up to $5,000. That’s how it usually goes.
Public vs. Private Conversations
Where something happens is also important.
In case people are sharing their thoughts openly in a public place such as a park or a crowded café, they normally do not expect their privacy to be respected. So, capturing their activity in such a place is generally allowed, no matter how weird or unfair it sounds.
But the thing is, people are allowed to speak freely in private places like their home, a closed office, or a quiet meeting room. And just so you know, if you record such places without being one of the conversation, you will be in trouble very quickly.
Recording Calls Across State Lines
Let’s say you are in New York and you make a call to someone who lives in a two-party consent state, such as California or Connecticut, then their laws become applicable as well. Yes, that’s how it goes! Those states mandate that all parties must give their consent before a call can be recorded. Hence, in a situation where New York permits it, the other state might still prohibit it.
And if you don’t want any kind of misunderstanding in this type of situation, then the most secure method would be to straight up tell the other party that you’ll be or are recording this conversation. That’s all!
