Recording consent: when to tell people

This is general information, not legal advice

Recording laws differ between countries and, in the US, between states, and they change. If you are unsure, check the law where you and every participant are, or ask a lawyer.

You are responsible

You are solely responsible for telling everyone in a meeting that you are recording it and for getting their consent wherever the law requires it. Transcript Audio does not notify participants for you. Recording laws differ by country and, in the United States, by state; some require the consent of every participant.

Transcript Audio does not put a bot in the call, so meeting apps will not show their own “recording” banner. That is why the app reminds you to announce every recording, gives you text to paste into the chat, and (on Premium) keeps a consent log with each meeting.

What to say

Say it at the start of the meeting, and in the chat if people join late:

“Heads up: I'm recording this meeting to take notes. Let me know if you'd rather I didn't.”

If anyone objects, stop recording or do not record. Where the law requires consent, silence is not always enough: ask people to confirm.

One-party and all-party consent

One-party consent: recording is lawful if one person in the conversation (which can be you) agrees.
All-party (two-party) consent: everyone in the conversation must agree before you record.

When participants are in different places, the safest approach is to follow the strictest rule that applies to anyone on the call.

United Kingdom

Recording a call you are part of for your own notes is generally allowed. But a recording of people is personal data, so if you record for work, UK GDPR and the Data Protection Act 2018 apply: you need a lawful basis (often legitimate interests), you must tell people you are recording and why, keep the recording secure and only as long as you need it, and respect their data rights. Sharing a recording with others without permission can create further legal issues.

European Union

GDPR applies in the same way as in the UK: transparency, a lawful basis and data minimisation. Some member states also have criminal laws against recording private conversations without consent (Germany is a well-known example), so get explicit consent from everyone when in doubt.

United States

Federal law (the Wiretap Act) is one-party consent. Most states follow it, but a number of states require the consent of everyone in the conversation, including:

California
Florida
Illinois
Maryland
Massachusetts
Montana
New Hampshire
Pennsylvania
Washington

Check current law: this list is not complete and the details differ (some states apply all-party rules only to confidential conversations, others to every call). If anyone on the call is in an all-party state, get everyone’s consent.

Canada

The Criminal Code is broadly one-party consent, but privacy laws such as PIPEDA and provincial equivalents require businesses to tell people and get consent when recording them for work purposes.

Australia

Rules differ by state and territory. Some allow recording with one party’s consent in limited circumstances, while others generally require everyone’s consent. Telling everyone and getting agreement is the safe default.

At work

Your employer may have its own policy on recording meetings, and customers or partners may have contractual rules. Check before recording client calls, interviews, HR meetings or anything confidential.