Recording calls in New York: what the law allows

On recording calls, New York law follows the one-party rule: a person who takes part in a conversation may generally record it without the others' consent. The Penal Law's eavesdropping offences are defined around recording by someone who is not a party, or without the consent of at least one party. Eavesdropping itself is a class E felony.

That is not the whole answer. A video meeting often includes people in states that require everyone's consent, data-protection rules can apply to what you do with a recording, and New York employers have their own notice rules. This guide covers the statute, those other layers, and a practice that works across them. The national picture is in one-party and two-party consent states.

Recording calls in New York: the law at a glance

What Penal Law 250.00 and 250.05 say

Section 250.00 (checked 25 September 2026) defines the key terms:

• Wiretapping is "the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of either the sender or receiver."
• Mechanical overhearing of a conversation is "the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat."

Section 250.05 then says 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", and that "eavesdropping is a class E felony".

What the definitions mean for a participant

Both definitions exclude a participant recording their own conversation:

• A phone call recorded by the person making or receiving it is not wiretapping, because the recorder is a sender or receiver, and consents.
• A conversation in a room recorded by someone taking part is not mechanical overhearing, because at least one party consents and the recorder is present.

The same section also deals with intercepting electronic communications, which catches third parties reading or capturing communications not addressed to them. A video meeting you take part in is addressed to you.

Where the one-party rule does not help

• Recording a conversation you are not in. Leaving a phone recording in a meeting room you have left is a different act, and it is what the statute targets.
• Getting someone else's consent to record them. The consent must come from a party to the conversation; a third party cannot supply it.
• Other laws on what you do with the recording, such as defamation, harassment or confidentiality obligations under a contract.

Calls with people outside New York

One-party consent in New York does not settle a call with someone in an all-party state. California's Supreme Court, in Kearney v. Salomon Smith Barney (2006), applied California's all-party rule to calls recorded in Georgia when the other party was in California. Recording calls in California explains that case.

If someone on the call is in California, Florida, Illinois (for secret recordings), Pennsylvania, Washington or another all-party state, the working rule is to get everyone's consent. Outside the US, Germany and France are examples of countries where recording someone's private words without agreement can be an offence. Is it legal to record a meeting? covers following the strictest rule on a mixed call.

Employers in New York: electronic monitoring notice

New York's Civil Rights Law § 52-c applies to private employers with a place of business in the state that monitor employees' "telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage". The employer must:

• give "prior written notice upon hiring" to employees who are subject to electronic monitoring;
• have the notice "acknowledged by the employee either in writing or electronically";
• post the notice "in a conspicuous place".

The Attorney General enforces it, with penalties of $500 for a first offence, $1,000 for a second and $3,000 for each later one; there is no private right to sue under it. Processes designed to manage the type or volume of communications, such as spam filtering, that are not aimed at individuals are exempt.

A notetaker you use for your own meetings is not usually what this section is about, but an employer deploying meeting recording across its staff should consider it. Can your employer record your meetings? covers the employee's side more widely.

Beyond the statute: a practice that works

Being allowed to record without telling anyone does not make it a good idea. Recordings made secretly tend to damage trust when they surface, and many organisations and clients forbid them.

1. Check your employer's and your client's rules. They are often stricter than the law.
2. Tell people at the start that you are recording and why. It costs one sentence and covers participants in stricter states.
3. Stop if someone objects, or take notes by hand for that call.
4. Decide how long you will keep the audio and delete it on that date.
5. Share notes rather than audio. A checked summary is usually what people need.

How to ask for consent to record has wording for this.

How Notey fits into this

Notey records your microphone and your Mac's audio as two tracks on your own Mac. Nothing joins the call, so the other people on it see no recording notice from their meeting app.

• Nothing is saved until you press Allow when Notey notices a call, unless you set a rule in advance, such as arming the next call or always recording an app. Every recording it starts is announced with Stop beside it.
• The red dot and elapsed timer are shown to you whenever audio is kept, not to the call. Saying you are recording is up to you.
• The audio stays on your Mac and is transcribed there. For AI notes, only transcript text is sent, when you ask or have write-ups on. The privacy policy has the details.
• Deleting a meeting removes the recording, transcript and notes, from every Mac if sync is on.

Frequently asked questions

Is New York a one-party consent state?

Yes. Penal Law section 250.00 defines the offences in terms of recording without the consent of at least one party, or by someone who is neither sender nor receiver. A participant's own consent satisfies that.

Can I record a Zoom call in New York without telling anyone?

New York's criminal law generally does not require it if you are a participant. But other people on the call may be in states that do, data-protection law may apply, and your employer or client may have rules. Telling people is still the safe practice.

What is the penalty for eavesdropping in New York?

Eavesdropping under Penal Law section 250.05 is a class E felony.

Does my New York employer have to tell me it monitors my calls?

Civil Rights Law section 52-c requires private employers with a place of business in New York to give employees written notice, on hiring, of electronic monitoring of phone, email or internet use, and to post a notice.

Does New York law apply if the other person is in California?

Your own state's law applies to you, but California's may too. California's Supreme Court has applied its all-party rule to calls recorded in another state. Get everyone's consent when anyone is in an all-party state.