Is It Legal to Record Someone Without Consent? [2026 US & Global Guide]
Quick Answer
Whether it’s legal to record someone without consent depends on your location. In the US, federal law (one-party consent) allows recording if at least one party (you) consents. However, 11 states require all-party consent (two-party states), including California, Florida, and Illinois. Always check your state law before recording.
See our full guide: Is It Legal to Record a Meeting?
US Federal Law: One-Party Consent
Under the Federal Wiretap Act (18 U.S.C. § 2511), recording a conversation is legal if at least one participant consents. Since you’re a participant in your own conversations, you can legally record — at the federal level.
Two-Party (All-Party) Consent States
| State | Consent Required | Penalty for Violation |
|---|---|---|
| California | All parties | Criminal + civil liability |
| Florida | All parties | Felony charge |
| Illinois | All parties | Class 4 felony |
| Maryland | All parties | Criminal penalties |
| Massachusetts | All parties | Criminal prosecution |
| Michigan | All parties | Felony |
| Montana | All parties | Criminal penalties |
| Nevada | All parties | Criminal penalties |
| New Hampshire | All parties | Criminal penalties |
| Oregon | All parties | Criminal penalties |
| Washington | All parties | Felony |
International Recording Laws
- UK: Legal to record as one party, but sharing without consent may breach data protection (GDPR/UK GDPR)
- Canada: Federal one-party consent; provinces vary
- Australia: Varies by state; most require one-party consent
- EU: GDPR applies — consent or legitimate interest required for processing recordings
- Singapore: No specific wiretapping law; general privacy principles apply
Best Practices for Legal Recording with AI Tools
- Always disclose in two-party consent states — “I’d like to record this call for my notes. Is that okay?”
- Use meeting platforms with built-in consent — Zoom/Teams notify all parties when recording starts
- Store recordings securely — don’t share without explicit permission
- Use AI tools with privacy compliance — Owll follows enterprise data security standards
FAQ
Is it illegal to record a phone call without telling the other person?
In one-party consent states (most US states), it’s legal if you’re a participant. In two-party states like California, recording without disclosure is illegal and can result in criminal charges.
Can I record a Zoom meeting without telling participants?
Zoom’s built-in recording feature notifies all participants automatically. Using a separate recording tool may still require disclosure depending on your state law.
Is it legal to record meetings at work?
Employment context adds complexity. Even in one-party consent states, company policies may prohibit recording. Check your employee handbook and local laws.