Yes, one-party consent recording is legal in Massachusetts under its wiretapping statute.
Massachusetts General Laws Chapter 272, Section 99 permits the recording of oral communications if at least one party to the conversation consents. This applies to in-person and telephonic communications, distinguishing Massachusetts as a “one-party consent” jurisdiction. The law does not require notice to other parties, but unauthorized disclosure of recorded communications may trigger civil liability under 272 §99(C). Recent 2026 amendments to the statute expanded enforcement mechanisms, empowering the Massachusetts Attorney General’s Office to pursue injunctive relief against unlawful recordings.
Key Regulations for One-Party Consent Recording in Massachusetts
- Consent Requirement: Only one participant in the conversation must consent to recording; others need not be informed.
- Prohibition on Interception: Recording communications where the recorder is not a party (e.g., eavesdropping) remains illegal under 272 §99(B).
- Penalties for Unauthorized Disclosure: Civil damages up to $10,000 per violation may be awarded, with the AG’s Office authorized to seek additional penalties for systemic violations.