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Privacy Laws: Can I Record Employee's or Customer's Phone Calls?

Yes, and No.

By , About.com Guide

Federal Law

  • Permits recording of phone calls and other electronic communications, but only with the advance consent of at least one party to the call.
  • Prohibits disclosing the contents of illegally recorded or intercepted phones calls or communications.

State Laws

  • The District of Columbia, and 38 states, permit employers to record conversations without telling employees, but only if the employer is on the call.
  • California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington all require the advance consent of all parties before you can tape a phone conversation.

According to The Reporter's Committee for Freedom of the Press, "Regardless of the state, it is almost always illegal to record a conversation to which you are not a party, do not have consent to tape, and could not naturally overhear. "

Source:

"Can We Tape?" The Reporter's Committee for Freedom of the Press

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