What is the law for taping private in-person conversations?

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What is the law for taping private in-person conversations?

A student taped a private meeting I had with her that took place in my office. One other person was present (an employee of the university). I did not know the student was recording the conversation and I did not give my permission The third person did not know the conversation was taped and also did not give permission.

Asked on October 27, 2010 under Personal Injury, Indiana

Answers:

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

Answered 10 years ago | Contributor

Most state laws, as well as federal law, allow for the taping of a telephone call or in-person conversation as long as at least 1 party to the call/conversation is aware that the conversation is being recorded.  This is known as the "1-party consent" rule. Unfortunately for you in your situation, since the person doing the taping was also a party to the conversation, they did not break any laws.

Note:  In a state with "all-consent" rule, both you and the other employee would have had to have given your permission to be recorded. 


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