NuviIt depends on where the participants are. US federal law and many states allow recording when one participant consents; California, Florida, Washington and some other states require everyone's consent. Elsewhere, privacy and data protection law often applies. The rule that works everywhere: tell everyone before you record and get a clear yes on the recording.
This article is general information, not legal advice. Recording law differs by country, state and situation, and it changes. The sources are linked so you can read them yourself. If a recording matters to a dispute, a job or a client relationship, ask a lawyer where you live.
Recording others may require their consent depending on where you are. Tell people before you record.
The short version
| Region | General position for a participant recording a conversation | Source |
|---|---|---|
| US, federal | Lawful if one party consents, unless done for a criminal or tortious purpose | 18 U.S.C. § 2511(2)(d) |
| US, some states | All parties must consent (examples: California, Florida, Washington) | Statutes linked below |
| UK | Organizations need a valid purpose and a lawful basis, and must tell people | ICO |
| EU | Organizations need a lawful basis under the GDPR; national criminal law can be stricter | GDPR, German Criminal Code § 201 |
| Canada | Criminal Code exempts interception with the consent of one party; businesses have privacy duties | Criminal Code s. 184 |
| Australia | State law; in New South Wales, recording a private conversation is prohibited with defined exceptions | Surveillance Devices Act 2007 (NSW) s 7 |
The table simplifies. The sections below say what each source actually states.
What do one-party and all-party consent mean?
One-party consent means a conversation may be recorded if at least one person in it agrees. If you are a participant, your own consent counts.
All-party consent means everyone in the conversation must agree. It is often called “two-party consent”, which is misleading when five people are in the room.
Neither rule lets you record a conversation you are not part of without anyone’s consent. That is eavesdropping.
What does US federal law say?
The federal Wiretap Act prohibits intercepting wire, oral and electronic communications, with exceptions. The one that matters here is 18 U.S.C. § 2511(2)(d):
It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act […]
So federal law is a one-party consent rule with a carve-out for recordings made to commit a crime or a tort. It is a floor. States can be stricter, and several are.
Which US states require everyone’s consent?
Many states follow the one-party approach. Texas is one: the Texas State Law Library explains that Texas and federal wiretapping laws make it a crime to record unless at least one of the parties consents.
Others require consent from everyone. Three examples, each from the statute itself:
California. Penal Code § 632 punishes a person who “intentionally and without the consent of all parties to a confidential communication” uses a recording device to record it, “whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device”. The fine is up to $2,500 per violation, and jail is possible. A “confidential communication” is one carried on in circumstances that reasonably indicate a party wants it confined to the parties. It excludes public gatherings and circumstances where the parties may reasonably expect to be overheard or recorded.
Florida. Section 934.03 prohibits intercepting wire, oral or electronic communications, and makes it lawful “when all of the parties to the communication have given prior consent”. A violation is generally a third-degree felony under the same section.
Washington. RCW 9.73.030 makes it unlawful to record a private conversation “without first obtaining the consent of all the persons engaged in the conversation”. It also says how to get consent: it “shall be considered obtained whenever one party has announced to all other parties […] in any reasonably effective manner, that such communication or conversation is about to be recorded”, provided “that said announcement shall also be recorded”.
This is not a complete list. Other states have all-party rules too, some with their own exceptions and some that treat phone calls and in-person conversations differently. Look up the statute for every state where a participant is located.
What if participants are in different states?
Then more than one law may apply, and you cannot assume the rule where you sit is the one that counts. Follow the strictest rule among the places involved. In practice that means treating every cross-state meeting as all-party consent.
What about the UK?
For organizations, recording is a data protection matter. The Information Commissioner’s Office says a business can record video conferencing sessions, including people’s images and voices, “where you have a valid purpose that can’t be achieved using less intrusive methods”, and that you need to record and justify your lawful basis. It adds:
Before recording, you should tell people why you’re recording, what you’ll use it for, and how long you’ll keep it.
The ICO also says you should not usually post recordings online without the permission of the people included.
That guidance is addressed to businesses. This article does not cover what a private individual may do in the UK, because that depends on facts that general guidance cannot settle.
What about the EU and the GDPR?
A voice recording of an identifiable person is personal data. For a company, a school or a freelancer acting in business, the GDPR requires a lawful basis for processing it. Article 6(1) lists them, including consent (point a) and legitimate interests that are not overridden by the rights of the person recorded (point f).
Article 2(2)(c) says the regulation does not apply to processing “by a natural person in the course of a purely personal or household activity”. If you record for work, assume the regulation applies.
The GDPR is not the only law. Member states have their own criminal and civil rules on recording speech. Germany is a clear example: Section 201 of the German Criminal Code penalizes whoever, without being authorized, “makes an audio recording of the privately spoken words of another”, with imprisonment of up to three years or a fine. Each country differs, so check the national law where the participants are.
What about Canada?
Section 184 of the Criminal Code makes it an offence to knowingly intercept a private communication by means of a device. Subsection (2)(a) says that does not apply to “a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it”. That is a one-party consent rule in the criminal law.
Businesses have further duties under privacy law. The Office of the Privacy Commissioner of Canada says an organization recording customer calls must inform the customer that the call is being recorded, clearly state the purpose and ask for consent, and offer an alternative if the caller objects.
What about Australia?
Recording conversations in person is governed by state and territory law, and the rules are not uniform. New South Wales shows how strict it can be. Section 7 of the Surveillance Devices Act 2007 (NSW) says a person must not knowingly use a listening device “to record a private conversation to which the person is a party”. The section then lists exceptions. One applies when all of the principal parties consent, expressly or impliedly. Another applies when a principal party consents and the recording is reasonably necessary to protect that party’s lawful interests, or is not made for the purpose of communicating or publishing the conversation to people who were not parties to it.
Other states and territories have their own acts. Check the one that applies to you.
Does a workplace policy change anything?
Yes. The law sets the minimum. An employer, client, school, hospital or venue can prohibit recording, or restrict which software may process recordings, and a lawful recording can still breach a contract or a handbook. Some meetings are sensitive by nature: performance reviews, HR matters, anything involving health, legal or financial details.
Before recording at work, check the policy and ask the organizer.
A practical rule that works everywhere
Tell everyone, and get a yes on the recording.
- Say it before you start. “I’d like to record this so I can get accurate notes. An app will transcribe and summarize it. Is everyone OK with that?”
- Wait for an answer from each person. Silence is not a yes. If anyone says no, do not record. Take notes by hand.
- Start the recording and repeat it. “We’re recording now, as agreed.” Now the consent is part of the record.
- Tell latecomers. Someone who joins after the announcement has not agreed to anything.
- Say what happens to it. Who will see the notes, and when the recording will be deleted.
- Keep your word. Do not share the recording beyond what you said.
It asks for the same two things as the all-party statutes quoted above, the ICO and Canada’s privacy commissioner: people know, and people agree. It is also how you would want to be treated.
Where an AI note taker fits
The consent rules do not change because software is doing the recording. What changes is that audio leaves the room for processing, so participants have a fair interest in where it goes. The questions to ask of any tool are in AI note taker privacy, and a full meeting method is in how to take meeting notes with AI.
Nuvi, the AI note taker for iPhone, iPad and Apple Watch by Ege Beşe, records through the device microphone. It does not join online calls and does not record phone calls, so nothing announces the recording to other people for you. Telling them is your responsibility. How Nuvi handles the audio afterwards is described on privacy first. Get Nuvi.
