The consent of at least one party to any telephone or electronic communication, including those through a cellphone, is required to record it. N.Y. Thus, a journalist does not need consent to record conversations in public where there is no reasonable expectation of privacy. Penal Law §§ 250.00, 250.05.Ī state appellate court held that individuals who talk in a manner such that a non-participating third party may freely overhear the conversation have no reasonable expectation of privacy in it. ![]() New York’s eavesdropping law makes it a felony to use a device to overhear or record in-person conversations at which one is not present without the consent of at least one party to that conversation. Violators of both laws may be subject to criminal penalties. New York also prohibits images made or disclosed in violation of its hidden camera law. ![]() An individual who is a party to either an in-person or telephone conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it.
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