Guides: Recording Laws: <i class="sll-fa-guide-nav fas fa-microphone" aria-hidden="true"></i> Audio Recording (2023)

Texas is considered a "one-party consent" state. This means that unless at least one of the parties to aconversation consents,both Texas and federal wiretapping laws make it a crime to record an audio conversation, either in person or over the phone, if the parties havea "reasonable expectation of privacy".

Courts have generally held that there may not be a reasonable expectation of privacy out in public, but the legality of a specific recording will depend on the circumstances. An attorney can advise you on therecording laws and how they may affect a recording you plan to make.

Below you will find links to Texas and federal laws related to audio recordings.If you find these statutes difficult to understand, please see the Understanding the Law resources below for a "plain English" explanation of these laws.


Are hidden voice recorders legal? ›

The federal Wiretap Act prohibits anyone from secretly recording oral or telephonic communications that other parties believe intimate or private. (18 U.S.C. § 2511.) However, there are varying laws regarding the legality of recording oral, telephonic, and other communications in different states.

Am I allowed to record a phone call? ›

In California, all parties to any confidential conversation must give their consent to be recorded. For calls occurring over cellular or cordless phones, all parties must consent before a person can record, regardless of confidentiality. Both civil and criminal penalties are available to victims of illegal recordings.

Can you record HR conversations? ›

In California, it is a misdemeanor to record a conversation without the consent of all parties to the conversation, which can lead to fines of up to $2,500 and/or imprisonment for up to a year.

Can you record a phone call without the other person knowing? ›

If you have an Android phone, the Automatic Call Recorder by Appliqato is one of the best apps available in the Google Play Store for recording phone calls. Once installed, the app automatically records all outgoing and incoming phone calls without alerting the person you're recording.

Can someone video record you without your permission? ›

Whether the conversation was made in the confines of a private space such as a house or private room, or in a public place, such as a park or restaurant, the audio or video recording of a conversation, done without the consent of both parties, is still illegal and punished under the Anti-Wiretapping Law.

Where can I hide a secret recording device? ›

An ideal spot to hide a recording device is under one of the seats in the car. You can choose the driver seat, the passenger seat, or one of the back seats. After all, the only time people usually look under their car seats is when they've dropped something or when they're cleaning.


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