Is it illegal to record a phone conversation in New York?

Answer 1

It depends upon the circumstances. If it is a public place such as a park, sidewalk, etc. then it is permitted, for example joggers. You cannot do so in what could be termed private areas of public venues, (locker rooms, bathrooms, dressing rooms, etc.).

If it relates to the taping of an individual without their knowledge other than the aforementioned (anonymous people in the park and so forth) you cannot do so without a court order which is restricted to proper authorities with cause.

If it relates to taping private property and/or activities thereon permission is needed from the owners. For example you cannot lean over a fence and tape your neighbor's activities through their windows or in their yard. Nor can you use a security camera on your property to "spy" on a neighbor. You can record a person(s) who are on a public sidewalk however.

Additional: The use of a video camera to harass someone by constantly following them around and recording their every move and action could be considered 'stalking.'

Answer 2

According to NY state code:

Intercepting or unlawfully engaging in wiretapping without the consent of one party is a felony. N.Y. Penal Law §§ 250.00, 250.05. Mechanical wiretapping is illegal under the statute only when the party whose wires are tapped is not a party involved in the conversation. People v. Gibson, 23 N.Y.2d 618 (N.Y. 1969). However, a party to the conversation may surreptitiously record a conversation. Id. In addition, those who talk in the presence of a non-participating third party may have no expectation of privacy with respect to statements overheard by the third party. People v. Kirsh, 176 A.D.2d. 652 (N.Y. App. Div. 1991).


Note that it says 'without the consent of one party'. Which means that if the person who was recording it was also a party to the call, or was present at the time of the call and could hear it, then it is valid and legal.

Answer 3

New York makes it illegal to tape record someone unless one party to the conversation consents. In most states it is illegal to records someone without their knowledge.

Answer 4

No, ALL parties to the conversation must be advised and approve for it to be lawful.

Answer 5

Yes, unless the other party to the call has been given notice and advised of the taping.

Answer 6

Yes.