Federal laws are your first hurdle to taping or recording private conversations. The general rule is that as long as one party has notice or consents to the recording of a conversation, the personal conversation can be recorded. Essentially, if you are a party and you want to record a phone conversation, your consent is sufficient. If you are not a party to the conversation, you cannot consent and recording with any type of electronic device is prohibited.
However, as with most laws, there are exceptions to these general rules for the recording of private conversations with an iPhone, Blackberry, or other modern technology. For example, employers may monitor and record only for business related purposes under the Electronic Communications Privacy Act. Business purposes which justify monitoring include the training of a new employee or detecting excessive personal use of the company phone. To utilize this type of exception, the employer must notify their workforce in advance of the possibility of recording for monitoring purposes.
State laws are your second hurdle to taping or recording private conversations. Even if the federal law permits the recording of a phone call, your state’s laws may prohibit it. A few states require that all parties receive notice and consent to the recording of a personal conversation.
Another hurdle to taping or recording private conversation that is recognized by both State and Federal courts involves your employer’s workplace policies. Many of us are tempted to record private workplace conversations so that we can later prove just how annoying or harassing a supervisor actually is. While your employer cannot terminate your employment for investigating a legitimate complaint, if your employer maintains a policy that prohibits the recording of private conversations in the workplace, you can be terminated for violation of that policy.
Even though more electronic devices like the iPhone and Blackberry are available now to record or tape private conversations, the focus is not on the device, but rather the when, where, and why. Before your “James Bond” personality temps you into violating state or federal privacy laws, double check with an attorney to understand the rules in your state for taping or recording private conversations with modern technology.