Is it legal to record a conversation without consent?

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Is it legal to record a conversation without consent?

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Asked on January 22, 2017 under Personal Injury, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

NY is what is called a "1 party consent" state. This means that so long as 1 party to the conversation consents to it recording, it is legal. That having been said, the law does not cover oral communications if the speakers do not have an "expectation" of privacy. Therefore, in-person conversations occurring in a public place can be recorded without consent (e.g. restaurants, rest rooms, lobbies/hallways of office biuldings, etc).


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