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Is It Illegal to Record Someone Without Their Permission?

April 9, 2025

We live in the digital age, and we can take photos and videos with our mobile phones. But we must be aware that filming others without permission may involve moral and legal issues.

Walking in public places means that you may be recorded, whether it is a business's surveillance camera, or a passerby accidentally appearing in the camera during a live broadcast, or even someone secretly taking a photo of your outfit for reference.

Today we will talk about: What candid photography is illegal in the United States? How to legally record and video secretly? And the different filming laws in each state.

Is It Illegal to Record Someone Without Their Permission

Is it illegal to record someone's video without their consent?

In the United States, whether recording someone without consent is illegal depends on the situation: it is usually allowed in public places, but it may be illegal in private, depending on the laws of each state. Private places such as bathrooms are absolutely prohibited from recording.

Of course, there are many subtle nuances to this rule, and we'll explore each of these in turn below.

The Federal Wiretap Act

In 1968, the U.S. Congress passed the Wiretap Act, which was mainly aimed at the abuse of wiretapping by the government at that time. The cause was the famous "Katz Case" ruling of the Supreme Court in 1967, which determined that secretly recording in public telephone booths violated the Fourth Amendment of the Constitution and that legislation must be enacted to regulate electronic wiretapping. Later, it was expanded to the "Electronic Communications Privacy Act" in 1986, covering all forms of electronic communication such as telephone and email.

Two main exceptions

1. "One person's consent is enough": as long as one party in the call agrees (such as you agree), recording is legal.

2. The police have a search warrant: If the judge approves the wiretap warrant, the police can legally wiretap, but they must prove that it is really necessary and cannot wiretap indefinitely.

(In short: ordinary people can record as long as they agree, but the police must obtain a "court order" to wiretap.)

Recordings others in public vs. private

So, is it illegal to record someone in public?

Generally speaking, no. According to Sparks Law, people should enjoy a certain degree of privacy when they are in certain public places in certain situations (such as using public restrooms, locker rooms, etc.). Video recording and photography are generally governed by state privacy laws and anti-sneak cam statutes. If you choose to record or photograph someone in a private space such as a locker room or bathroom, the victim has the right to file a civil lawsuit or even criminal charges against you, depending on local laws.

However, when a person is in a public place, their reasonable expectation of privacy is significantly reduced. It is not illegal to take photos of others in public, and it is protected by law.

People should be aware that there are certain situations (such as difficult situations or private moments) when they should not take photos of others at will. However, the law does leave room for "appropriate photography" in public places, such as news reporting, artistic creation, or public safety purposes.

For example, secretly photographing someone in a gym locker room, or deliberately taking photos up someone's skirt, will be considered illegal and may be considered sexual harassment. Similarly, persistently following and photographing a specific individual may constitute harassment.

It is important to note that the above information is based on US federal law. State legislatures have the power to enact stricter privacy laws, especially when it comes to recordings in private places. We recommend that you read the specific laws in your state below to understand the legal risks you may face for recordings in private places without permission.

Recording laws by states

The following is a concise summary of the legal provisions for telephone recording in various states in the United States, as updated by Justia Law in October 2021. Please note that legal provisions may change, and specific implementation varies from state to state (such as unilateral/bilateral consent rules). It is recommended to consult a professional attorney for the latest legal advice.

Alabama: A one-party consent state, allowing either party to legally record a call without notifying the other party.
Alaska: A one-party consent rule, where the recorder does not need to get the other party's explicit permission to record.
Arizona: A one-party consent state, where either party to a call can legally record.
Arkansas: A one-party consent state, but prohibits recording for criminal or tortious purposes.
California: A strict two-party consent state (Penal Code §632), where recording without the consent of all participants can be fined up to $2,500.
Colorado: A two-party consent state, where recording without explicit permission can constitute a civil tort.
Connecticut: A two-party consent state, where illegal recording can result in criminal prosecution.
Delaware: A two-party consent state, where recording without permission is a Class A misdemeanor.
Florida: A strict two-party consent state, where illegal recording is a third-degree felony (up to 5 years in prison).
Georgia: A one-party consent state, but prohibits the secret recording of private face-to-face conversations.
Hawaii: A consent state, where illegal recordings may be subject to civil action.
Idaho: A unilateral consent state, where either party to a call may legally record.
Illinois: A strict consent state (720 ILCS 5/14-2), where illegal recordings may be punished by up to 5 years in prison.
Indiana: A unilateral consent state, but prohibits recordings for illegal purposes such as extortion.
Iowa: A consent state, where illegal recordings constitute a gross misdemeanor.
Kansas: A unilateral consent state, where either party to a call may secretly record.
Kentucky: A unilateral consent state, but prohibits recordings for illegal purposes.
Louisiana: A unilateral consent state, where either party to a call may legally record.
Maine: A consent state, where illegal recordings may be punished by up to 5 years in prison.
Maryland: A consent state, where illegal recordings constitute a felony (up to 5 years in prison).
Massachusetts: A consent state, where illegal recordings may face criminal charges.
Michigan: A state with consent by both parties, but allows recording of threatening or blackmailing calls.
Minnesota: A state with consent by both parties, illegal recording can be punished by up to 5 years in prison.
Mississippi: A state with consent by both parties, allowing either party to legally record a call.
Missouri: A state with consent by both parties, but prohibiting recording for criminal purposes.
Montana: A state with consent by both parties, illegal recording constitutes an invasion of privacy.
Nebraska: A state with consent by both parties, allowing either party to legally record a call.
Nevada: A state with consent by both parties, but prohibiting recording for illegal purposes.
New Hampshire: A state with consent by both parties (RSA 570-A), illegal recording constitutes a Class B felony.
New Jersey: A state with consent by both parties, illegal recording constitutes a Class 3 felony.
New Mexico: A state with consent by both parties, allowing either party to legally record a call.
New York: A state with consent by both parties, allowing either party to secretly record a call.
North Carolina: A one-party consent state, but prohibits recording for illegal purposes.
North Dakota: A one-party consent state, allowing either party to legally record a call.
Ohio: A one-party consent state, allowing either party to secretly record a call.
Oklahoma: A one-party consent state, but prohibiting recording for criminal purposes.
Oregon: A two-party consent state, illegal recording is a Class A misdemeanor.
Pennsylvania: A one-party consent state (affirmed by the Supreme Court in 2021), but there are special restrictions for business calls.
Rhode Island: A two-party consent state, illegal recording is a felony.
South Carolina: A one-party consent state, allowing either party to legally record a call.
South Dakota: A one-party consent state, allowing either party to secretly record a call.
Tennessee: A one-party consent state, but prohibiting recording for illegal purposes.
Texas: A one-party consent state (Penal Code §16.02), allowing either party to legally record a call.
Utah: A one-party consent state, allowing either party to secretly record a call.
Vermont: A two-party consent state, illegal recording is a felony.
Virginia: A one-party consent state, allowing either party to legally record a call.
Washington: A two-party consent state (RCW 9.73.030), but law enforcement activities are exempt.
West Virginia: A one-party consent state, allowing either party to secretly record a call.
Wisconsin: A two-party consent state, illegal recording is a Class H felony.
Wyoming: A one-party consent state, allowing either party to legally record a call.

A Guide to Legal Tips for Covert Recording

After familiarizing yourself with your state's laws regarding covert recording, follow these professional recommendations if you decide to proceed:

1. Legal Compliance Verification

In One-Party Consent States (e.g., NY, TX):

You may legally record conversations you are part of without informing others.

Recommended to verbally identify yourself (e.g., "This is John") at the start to establish participation.

In All-Party Consent States (e.g., CA, FL):

Explicit consent from all participants is required.

Use a standard disclaimer: "This call is being recorded. Do you consent?"

2. Technical Best Practices

Recording Equipment:

Smartphone voice memo apps (ensure sufficient storage).
Dedicated digital recorders (e.g., Sony ICD series for reliability).
Cloud-based call recording apps (e.g., TapeACall).

Pre-Recording Checks:

Test audio quality beforehand.
Verify microphone sensitivity.
Save files in lossless formats (e.g., WAV or MP3).

3. Evidence Preservation

Metadata Integrity:

Timestamp all recordings.Recommended VidText AI tool.
Document participant identities.
Note the recording location.

Backup Protocol:

Never edit original files.
Follow the 3-2-1 Rule (3 copies, 2 storage types, 1 off-site backup).

4. Special Scenarios

Phone Calls:

Verify app legality before auto-recording.
Interstate calls follow the recipient’s state laws.

In-Person Conversations:

Place recording devices visibly to avoid wiretapping claims.
In all-party states, announce: "I am recording this conversation."

5. Risk Mitigation

Avoid leading questions.
Do not record uninvolved third parties.
Obtain written consent for business-related recordings.
Exercise extreme caution with sensitive topics (e.g., medical/financial discussions).

⚠ Critical Reminder:

Consult an attorney before recording.
Laws vary by state and may change.
Courts may exclude improperly obtained recordings, even if legally made.
For legal disputes, formal discovery processes are safer than surreptitious recordings. Always prioritize ethical and lawful evidence collection.

FAQs

1. Is it illegal to photograph others in public?

It is usually not illegal to photograph others in public, but you should be careful not to use the content for commercial purposes (such as advertising) without permission, and not to harass or stalk others. At the same time, any form of photography is strictly prohibited in special places such as dressing rooms and toilets.

2. Does phone recording require the consent of the other party?

Whether phone recording requires the consent of the other party depends on the laws of the state. Unilateral consent states (such as New York and Texas) allow any party in the call to record without informing the other party, while bilateral consent states (such as California and Florida) require all call participants to explicitly consent to the recording, otherwise it may constitute an illegal act.

3. Can secret recordings be used as evidence in court?

Whether secret recordings can be used as evidence in court depends on their legality. Recordings that comply with state laws are usually admissible, but if they are illegal recordings made without the consent of all participants in a state with mutual consent, the court is likely to refuse to accept the evidence.

4. In which places is recording prohibited?

Bathrooms, dressing rooms, hotel rooms and other places involving personal privacy, diagnosis and treatment areas of medical institutions, as well as special places such as courts and military bases, are strictly prohibited from any form of recording.

5. How to record legally?

To record legally in the United States, you must comply with the specific laws of the state where you are located: in a unilateral consent state, you only need to make sure that you are a participant in the call or conversation to record, while in a bilateral consent state, you must clearly inform and obtain the explicit consent of all participants in advance (for example, clearly state "this call will be recorded" and obtain confirmation from the other party). At the same time, under no circumstances should you record in any place involving personal privacy (such as locker rooms, bathrooms, etc.).

6. How to protect your rights if you are illegally recorded?

If you find that someone is illegally recording you, you can take the following measures to protect your rights: First, you should immediately save relevant evidence including recording files and witness testimony, and then choose to report to the local police or file a civil lawsuit in court according to the specific circumstances. It is also recommended to consult a professional lawyer as soon as possible to understand the specific rights protection channels and possible legal remedies stipulated by the laws of your state.

7. Does recording for commercial purposes require additional authorization?

Yes, even if the recording is made in a public place, if it is used for commercial purposes (such as advertising and publicity), the person being photographed usually needs to sign a portrait rights release.

Conclusion

In the United States, whether recording others without permission is illegal requires a specific analysis of the specific situation. Filming in public places is usually allowed, but it is absolutely prohibited in private places; recording phone calls varies depending on the laws of each state. Regardless of the law, respecting the privacy of others is always the basic principle. Before recording, be sure to confirm the latest laws in your state and seek professional legal advice if necessary. Recording for commercial purposes must obtain additional authorization. If you encounter illegal recording, you should collect evidence in a timely manner and protect your rights through legal channels. Remember, legal and compliant recording behavior can not only protect your own rights and interests, but also maintain social order and morality.