Recording consent laws

Recording a conversation is regulated by law. The rules vary by state, country, and context, and the consequences of getting them wrong can be serious. The summary below covers the broad strokes so you know when to dig deeper. It does not substitute for advice from an attorney licensed in your jurisdiction.

One-party consent: federal law and most U.S. states

Under U.S. federal law and the laws of most states, recording is permitted as long as at least one party to the conversation consents. If you are a participant in the conversation, your own consent is sufficient.

Two-party (all-party) consent states

The following U.S. states require all parties to a conversation to consent before it can be recorded. If you are recording in any of these states, or if any party to the conversation is in one of these states, you should obtain explicit consent in advance.

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• Oregon
• Pennsylvania
• Washington

International overview

• Canada: federally one-party consent. Provincial privacy laws may impose additional requirements, particularly for commercial or workplace use.
• United Kingdom: recording private conversations without consent may engage GDPR and the Data Protection Act. Disclose recording in advance for any business context.
• European Union: GDPR applies. In most member states, recording requires the explicit consent of all parties for any processing of personal data, including audio.
• Australia: rules vary by state. Some require all-party consent; others permit one-party in defined contexts. Check the rules in the relevant state or territory.

What Loqui does

Loqui only records when you explicitly tap the record button. It does not record continuously, automatically, or in the background without an active session. Loqui does not notify other participants in a conversation that recording has started. Communicating that, where the law requires it, is your responsibility.

What to do

• Inform all parties before recording when the law in your jurisdiction requires it. A short, clear sentence at the start of the conversation is usually enough.
• When in doubt, get explicit consent. Even in a one-party state, a recorded statement of consent is the strongest defense.
• Check the laws that apply to the location of every participant, not just your own.

Resources

For state-specific guidance in the United States, the relevant State Attorney General website is a good starting point. The Reporters Committee for Freedom of the Press maintains a state-by-state guide to recording laws that is widely cited.

This page is provided for general orientation only. Consult an attorney before relying on any of it for a specific recording.