Yes, one-party consent recording is legal in North Dakota under state law.
North Dakota’s wiretapping statute, N.D. Cent. Code § 12.1-15-02, permits the recording of private communications if at least one participant consents. The law aligns with federal standards under the Electronic Communications Privacy Act, though local courts have emphasized that recordings must not violate reasonable expectations of privacy in shared spaces. As of 2026, no pending legislation threatens this framework, but the North Dakota Attorney General’s Office has signaled heightened scrutiny of workplace and law enforcement recordings.
Key Regulations for One-Party Consent Recording in North Dakota
- Participant Consent Required: Only one party to the conversation must consent to recording; no notice to others is mandated, but surreptitious recording in private areas may invite tort claims.
- Exclusion of Third-Party Expectations: Recordings in public or semi-public settings (e.g., retail stores) are generally permissible, but capturing conversations in private offices or restrooms violates reasonable privacy expectations under N.D. Cent. Code § 12.1-15-04.
- Interstate Communications: If a conversation crosses state lines, the stricter jurisdiction (either North Dakota or the other state’s law) applies, requiring compliance with both statutes to avoid federal penalties under 18 U.S.C. § 2511.