Yes, Pennsylvania law permits one-party consent recording, aligning with the federal Wiretap Act’s framework. State statute 18 Pa. C.S. § 5703 explicitly allows interception if at least one party to the conversation consents, provided no criminal intent exists. The Pennsylvania Attorney General’s 2024 guidance clarifies that this applies to both in-person and electronic communications, including calls and video recordings. However, surreptitious recording in private areas (e.g., bathrooms) remains prohibited under 18 Pa. C.S. § 7507.1, with penalties escalating to felony charges for violations involving minors or non-consensual dissemination.
Key Regulations for One-Party Consent Recording in Pennsylvania
- Statutory Basis: 18 Pa. C.S. § 5703 permits recording if one party to the conversation consents, mirroring the federal “one-party consent” standard. This includes oral, wire, or electronic communications.
- Prohibited Contexts: Recordings in private areas (e.g., restrooms, changing rooms) violate 18 Pa. C.S. § 7507.1, regardless of consent, and may trigger felony charges under 18 Pa. C.S. § 7508.
- Electronic Communications: The Pennsylvania Supreme Court’s 2023 Commonwealth v. Smith ruling reinforces that consent extends to digital platforms (e.g., Zoom, Teams), but interception must not involve hacking or unauthorized access.