In today's day and age, recording is just a normal part of life. But, is it legal to record someone in New York State without their permission? We've all seen or heard it; people being recorded, who obviously didn't know they were being recorded...because they probably wouldn't have said or done the things they did. In radio, we record pretty much every call that comes into the station. I think most people assume they are being recorded when they call a radio station. Every now and then we'll get someone who says "don't record this." But if we still did, would it be legal?

In New York, the answer is yes, as long as we are a part of the recording or conversation. New York is a one-party consent state. As long as one person involved in the recording agrees to it, it is legal. If you record people without their knowledge and they are not aware and you are not a participant, that's when it becomes illegal,

N.Y. Penal Law § 250.05 Eavesdropping,

A person is guilty of eavesdropping when he unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication.

New Yorkers can legally record the police. Former Governor Andrew Cuomo signed the 'Right to Monitor Act' into law in 2020,

A person not under arrest or in the custody of a law enforcement official has the right to record law enforcement activity and to maintain custody and control of that recording and of any property or instruments used by that person to...

Read Full Story: https://wyrk.com/recording-laws-new-york/