Yes, Two-party consent recording is legal in New Hampshire under RSA 570-A:2, requiring all parties’ consent before recording private communications. Violations may trigger civil penalties up to $10,000 per incident, enforced by the New Hampshire Attorney General’s Consumer Protection Bureau. The 2024 amendments to RSA 570-A expanded protections for electronic communications, aligning with FCC guidelines.
Key Regulations for Two-Party Consent Recording in New Hampshire
- All-Party Consent Mandate: RSA 570-A:2 prohibits recording “private oral communications” without prior consent from all parties. This extends to in-person conversations, telephone calls, and electronic communications (e.g., Zoom, Teams).
- Implied Consent Exclusion: Consent must be explicit—neither silence nor prior notice suffices. The law does not recognize “implied consent” even in professional settings unless documented.
- Penalties and Enforcement: Civil suits may recover damages (actual or statutory up to $10,000) plus attorney fees. The NH Attorney General’s Office (AGO) investigates complaints, with recent 2026 guidance emphasizing stricter scrutiny of workplace recordings.
Exceptions: Consent is not required for recordings made in public spaces where no reasonable expectation of privacy exists (e.g., open meetings under RSA 91-A). Law enforcement may record under warrant or exigent circumstances, per RSA 570-A:3.