Recording Regulations

In a nutshell, there are 36 states that allow recording when only one party is aware of the recording process. This is called single party consent. There are 12 states where both parties must be informed of recording. In all states, placing a beep tone on the line should allow you to record without worry. In Illinois, for example, you must notify both parties by voice at the time of recording, or have a prior signed agreement that the recording may take place, or put a beep tone* on the line. To be practical, the information presented here may not be up to date or completely correct for your application. It is suggested you contact your legal staff regarding your specific recording application.

*A beep tone is a 1260 to 1540 Hertz tone, lasting .17 to .25 seconds, and broadcast for both sides to hear every 12 to 15 seconds during the recording process.

	Is consent of all parties required?	Are there criminal penalties?	Does the statute allow for civil suits?	Is there a specific hidden camera law?	Are there additional penalties for disclosing or publishing information?
Federal
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
D.C.
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Published Spring 2000. © The Reporters Committee for Freedom of the Press, 1815 N. Fort Myer Drive, Suite 900, Arlington, VA 22209. (703) 807-2100

Additional information about recording your phone calls is available at the following web sites:

The Reporters Committee for Freedom of the Press has a very detailed site called Can We Tape. It provides a practical guide to taping phone calls and in-person conversations in the 50 States and D.C.

James B. Reames at JBR Technology is a specialist in forensic tape analysis. The safe and accurate playback of a recorded tape is the first and one of the most important steps in Forensic Tape Analysis. If the tape is damaged during playback, significant legal obstacles may be encountered in using the recording. If all of the information recorded on the tape is not recovered when the tape is played, all subsequent examinations may not be as effective as they could be. JBR Technology designed and manufactured the playback equipment used at many of the Forensic Laboratories in the United States and overseas. JBR Technology is at the forefront of tape playback technology.

Professional Audio Laboratories, Inc. is a company specializing in the digital enhancement, duplication, forensic examination, and presentation of tape-recorded evidence at civil and criminal trials from coast to coast. See their site for a detailed guide for recording face-to-face conversations.

The Federal Trade Commission (FTC) amended the Telemarketing Sales Rule (TSR) to give consumers a choice about whether they want to receive most telemarketing calls. As of October 1, 2003, it is illegal for most telemarketers or sellers to call a number listed on the National Do Not Call Registry. For more information on the Do Not Call Registry click here . Information on The Telephone Consumer Protection Act (TCPA) of 1991 is found at click here.

A great detail of information regarding forensic investigation of recorded audio is available at this board certified forensic investigator’s site, spyman.com. His site has a number of references to state laws and links to interesting audio and legal sites.

HIPAA requires medical facilities to completely remove Protected Health Information (PHI) from electronic media before the media is disposed of or re-used. Electronic media includes, but is not limited to, hard drives, diskettes and backup tape. The process of removing PHI from electronic media is commonly referred to as “sanitization”. HIPAA requires that medical facilities develop formal policies and procedures regarding disposal and re-use of electronic media that contain PHI. Garner Products has created a guide to assist you with implementing HIPAA media disposal and media re-use requirements. Click here for a copy of this guide.

VLR Communications website has information about call center recording, digital voice recorders, phone recorders, call monitoring systems, digital announcer, conference bridge, direct digital telephone recorders, digital phone interfaces, VoIP Phones, call recording and recorder accessories. We carry the most extensive line of digital recorder systems, service observing, and voice recorders from leading manufacturers including: REVCORD, dvsAnalytics, Omnicron, Total Recall, TeleCorder, Dees and Melco, Racom, Forum telephone conference bridges, and some used Total Recall recorders.