Yes, New Hampshire permits one-party consent recording under RSA 570-A:2, II, allowing individuals to record conversations they participate in without informing other parties. The state’s “all-party” statute was repealed in 1983, leaving only the one-party rule intact. However, federal wiretap laws (18 U.S.C. § 2511) and New Hampshire’s enforcement by the Attorney General’s Consumer Protection Bureau impose additional constraints, particularly for interstate communications. Recent 2026 guidance from the NH Department of Justice clarifies that recordings intended for criminal or tortious purposes violate RSA 570-A:3, even under one-party consent.
Key Regulations for One-Party Consent Recording in New Hampshire
- Participant Requirement: Only parties directly involved in the conversation may record; third-party interception is illegal under RSA 570-A:2, I.
- Interstate Calls: Federal law mandates two-party consent for calls crossing state lines unless the recording party is in a one-party state (NH qualifies), but NH courts defer to stricter interpretations if the other party is in a two-party state.
- Use Restrictions: Recordings obtained for harassment, blackmail, or other tortious acts are prohibited under RSA 570-A:3, with penalties up to $10,000 per violation and potential criminal charges.
Violations are prosecuted by the NH Attorney General’s Office, with civil remedies available to aggrieved parties under RSA 570-A:8. Employers must also comply with NH’s workplace surveillance laws (RSA 275:91), which require notice for audio recording in employee areas.