Legal information regarding audio and video recording

This information is general and should not be considered as legal advice.

In general, most video only recordings are legal weather you inform the persons you are recording them or not.

Recording audio without the persons permission is almost always illegal,
that's why covert cameras don't have microphones.

How can you know for sure if it's ok to record video or audio in your situation?
Always check with an attorney before recording to make sure it is legal where you live.

Surreptitious recording laws are separated into different categories for video and audio recording.

Video Recording
Most video recordings are legal with or without consent.
There are very few laws which prohibit video recording of any kind, but there are laws in some areas dealing with areas of expected privacy. These include areas such as bathrooms, locker rooms, changing/dressing rooms, adult bedrooms, and other areas where a person should expect a high level of personal privacy.
The majority of the laws dealing with video recording privacy issues tend to allow surreptitious recording and monitoring of video activity under most circumstances without notification of any of the parties involved.

So far, the courts have allowed video recordings of nannies, elder care employees, and other types of video recordings made with covert cameras without the subjects consent.

Audio Recording
Most audio recordings without consent of one or all parties are illegal.
Recording audio is very different from video, there are definite federal and state laws prohibiting surreptitious recording and monitoring of audio conversations. These laws are taken very seriously by authorities and failure to abide by them could result in severe consequences.
There are two types of defined recording situations for audio recording. They are usually referred to as "One Party Consent" and "Two Party Consent".

"One Party Consent" means that only the person doing the recording has to give consent and does not have to notify the other party or parties that the conversation is being recorded.

"Two Party Consent" means the person recording the conversation must notify all of the other parties that the recording is taking place and they must consent to the recording.

Federal Law requires "One Party Consent" for audio recording.
Here is a list of state requirements regarding audio consent:

Here is a list of state requirements regarding audio consent:
Note: Laws change constantly, please check your states current laws before engaging in recording.


States with "One party Consent" for audio recording

Alabama - One Party
Alaska - One Party
Arizona - One Party
Arkansas - One Party
Colorado - One Party
District of Columbia - One Party
Georgia - One Party
Idaho - One Party
Indiana - One Party
Iowa - One Party
Kentucky - One Party
Louisiana - One Party
Maine - One Party
Minnesota - One Party
Mississippi - One Party
Missouri - One Party
Minnesota - One Party
Nebraska - One Party
New Jersey - One Party
New Mexico - One Party
New York - One Party
North Carolina - One Party
North Dakota - One Party
Oklahoma - One Party
Oregon - One Party
Ohio - One Party
Rhode Island - One Party
South Carolina - One Party
South Dakota - One Party
Tennessee - One Party
Texas - One Party
Vermont - One Party
Virginia - One Party
West Virginia - One Party
Wisconsin - One Party
Wyoming - One Party

States with "Two party Consent" for audio recording

California - Two Party
Connecticut - Two Party
Delaware - Two Party
Florida - Two Party
Hawaii - Two Party
Illinois - Two Party
Kansas - Two Party
Maryland - Two Party
Massachusetts - Two Party
Michigan - Two Party
Montana - Two Party
Nevada - Two Party
New Hampshire - Two Party
Pennsylvania - Two Party
Utah - Two Party
Washington - Two Party