New York is a state of one-party consent, meaning that it is a crime to use any device to record, obtain, share, or use communications, whether wired, oral, or electronic, without the consent of at least one person participating in the communication. This means that in New York, you are legally authorized to record a conversation if you are a collaborator or with the prior consent of one of the parties involved. Criminal Law (Articles 250.00, 250.05) (McKinney 201). You cannot record or share conversations that you are not a part of without the consent of at least one of the parties.
However, New York law makes an exception in cases where the person or people communicating do so in an environment where they should not be under the expectation of privacy. As a one-party consent state, anyone participating in a conversation can record it. But if they are not part of the conversation, they may face criminal charges under N. Y.
Criminal law § 250.05, which would make things much easier in a civil case. In addition, if someone makes a video recording in an area where there is no expectation of privacy, such as a street or public square, there is no criminal remedy since that recording is done legally. You can still file a civil lawsuit, although the chance of success is small. New York allows the installation of video surveillance systems for security purposes provided that the owner of the security system posts a visible notice stating that a video surveillance system has been installed for security reasons. In addition, the installation of such a system is legal if the system has been installed in such a way that the visibility of the security system is obvious in a clear and immediate way. If you record someone's image for commercial purposes, you should make sure you get proper consent by asking them to complete a photo or video consent form.
The state of New York has no criminal law regarding outdoor surveillance cameras, but it does have a civil law. The Backyard Surveillance Act went into effect as a result of a convicted sex offender placing his camera in a neighbor's backyard. The family called the police, but they couldn't do anything. Although this law does not make it a crime to point an outdoor surveillance camera at a neighbor, it does state that it is something for which a civil lawsuit can be filed. New York allows people who attend public meetings, such as city council or city board meetings, to record as long as they don't negatively affect the process. Both federal and New York State courts consider a recorded telephone conversation to be an inadmissible rumor.
However, there are many exceptions where a recorded conversation would be allowed. A recorded conversation may be admitted for impeachment purposes such as party admission, statement against interests, inconsistent statement or admitted as a contemporary statement. There are many methods for transcribing audio. You can do it yourself simply in a Word document, hire someone to transcribe it or use an audio transcription service. We recommend using this transcription service because it combines the precision of human beings with the cost-effectiveness of AI.
The response time is 12 hours and if necessary you can have them sign a standard confidentiality agreement. If you're interested in privacy check out our blog post about using VPNs - one of the best ways to protect your privacy online. In New York State, if you participate in the conversation you have the right to record it. That said since it's for a job it's good practice to let them know that you're recording. New York is also considered to be an expectation of privacy state so unless you're in an area with what's called “a reasonable expectation of privacy” your rights are quite limited. These places are usually in areas such as bedrooms bathrooms or in your own home.
If you're in a public place and someone is recording you again you're quite limited. If you're in a public place asking not to be recorded is your best option. Is a therapist's office considered an expectation of privacy? Is a phone call in the middle of a busy reception considered expectation or privacy? Can I record my conversation with my husband in a therapist's office? Can I record my conversation with my husband while he is near the reception at a hospital? Within a therapist's office there would be an expectation of privacy outside the therapist's office in public places such as sidewalks you can record the conversation as long as you participate in it. For example you can't record conversations between your husband and nurse. I would like to record certain conversations at work that I have with my boss do I have the right to do whatever I want with that recording? Or do I need my consent to distribute it? Since New York has only one party consent as long as you participate in the conversation it is legal to own and distribute recordings. Since New York is also considered an expectation of privacy state you may have problems recording conversations at places like grocery stores or shopping malls since they are private places and are authorized to enforce their own rules such as “Recording is not allowed”.New York also has HIPPA regulations which must be followed for patient safety so it's less about recording patients and more about protecting their information.
