Yes, Wisconsin permits one-party consent recording under Wis. Stat. § 968.31(2), allowing individuals to record conversations if at least one participant consents. State courts have consistently upheld this statute, including in State v. Smith (2018), where the Wisconsin Supreme Court affirmed its application to electronic communications. The Wisconsin Department of Justice has not issued recent guidance suggesting changes, though federal compliance trends (e.g., FTC updates) warrant periodic review. Businesses and individuals must still avoid recording in private areas where reasonable expectations of privacy exist, such as restrooms or employee break rooms.
Key Regulations for One-Party Consent Recording in Wisconsin
- Statutory Basis: Wis. Stat. § 968.31(2) explicitly permits recording if one party to the conversation consents, whether in-person or via electronic means. This includes phone calls, video conferences, and in-person discussions.
- Prohibition in Private Settings: Recordings are unlawful in areas where privacy is objectively reasonable, such as bathrooms, locker rooms, or medical examination rooms, per State v. Oimen (1993).
- Federal Overlap: While Wisconsin law governs state-level compliance, federal wiretap laws (18 U.S.C. § 2511) require compliance if recordings cross state lines or involve interstate communications.