Recording calls is not illegal in the U.S. or in most countries in the world. However, in many instances you need to first ask for consent. Some regions require notification by only the caller, while others (primarily in the U.S.) require 2-party consent - meaning everyone on the call must give their consent before a recording can start.
Here are some highlights of laws in different regions:
- In the U.S., 11 states mandate two-party consent: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. The remaining states require single-party notification. Other laws such as PCI-DSS (credit cards) and HIPAA (health information) impost additional restrictions.
- In India, there is no mandate on recording calls in general
- In Australia, you can't record calls at all, according to The Federal Telecommunications Act 1979.
- In New Zealand, you can record and no consent is required.
- In England, the laws have recently become much more stringent with the advent of two new regulations: GDPR and MiFID II.
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