Yes, two-party consent recording is legal in Indiana, but strict compliance with state statutes is required.
Indiana Code § 35-31.5-2-171 mandates all-party consent for in-person or electronic communications, with penalties for violations including civil liability and potential criminal charges. The Indiana Attorney General’s 2025 advisory clarified that remote recording via platforms like Zoom or Teams remains subject to the same consent rules, aligning with federal wiretap laws. Local courts, such as the Marion County Circuit Court, have enforced these provisions in cases involving workplace surveillance and private conversations, underscoring the state’s stringent enforcement posture.
Key Regulations for Two-Party Consent Recording in Indiana
- All-Party Consent Requirement: Indiana is a “two-party consent” state, meaning all participants in a conversation must be informed of and consent to recording. This applies to in-person discussions, phone calls, and electronic communications, including text messages and video conferences.
- Explicit vs. Implied Consent: Consent must be clearly obtained, either verbally or in writing. Implied consent (e.g., a pre-recorded announcement) is insufficient under state guidelines issued by the Indiana Department of Revenue’s compliance division in 2024.
- Penalties for Non-Compliance: Violations may result in civil lawsuits for damages, injunctive relief, and potential criminal misdemeanor charges under Indiana Code § 35-46-1-15. Employers and businesses face heightened scrutiny, particularly in call centers and customer service interactions.