Yes, New York’s two-party consent law, codified under Penal Law § 250.05, mandates all parties to a conversation must consent before any oral communication is recorded. Violations constitute a Class E felony, enforceable by the New York Attorney General’s Office and local district attorneys. The statute applies to in-person, telephonic, and electronic communications, with no exceptions for business or investigative purposes unless prior written consent is secured.
Key Regulations for Two-Party Consent Recording in New York
- All-Party Consent Requirement: Penal Law § 250.05 prohibits recording any private conversation without the express consent of every participant, regardless of the recording device’s location or the conversation’s medium.
- Electronic Communications: The law extends to digital platforms (e.g., Zoom, Teams, or VoIP calls) under New York’s Electronic Surveillance Act, requiring consent for both audio and video recordings of private exchanges.
- Implied Consent Exceptions: Consent is deemed given if the recording party clearly announces their intent to record (e.g., “This call is being recorded”) and the other party continues the conversation without objection.
Enforcement & Compliance Notes: The New York City Department of Consumer and Worker Protection (DCWP) and the State Division of Human Rights may investigate complaints under Executive Law § 296, particularly in employment or housing disputes. A 2024 amendment to the Civil Rights Law (effective 2026) expands penalties for non-compliant recordings to include treble damages in civil suits, aligning with broader privacy protections. Employers must obtain written consent via signed acknowledgments, while law enforcement agencies require judicial warrants for covert recordings under CPL § 700.05.