Is It Illegal to Record a Conversation in New Jersey?
Lately, I've been stuck in the Tik Tok vortex where the scroll goes on and on until that funny video appears telling you to chill and get some food or go to bed.
For whatever reason, I've been getting a lot of videos that involve one person recording another person without their knowledge.
A lot of these have been job-related. Some videos are just audio, but others involve one party using their camera while it's concealed.
That got me thinking.
Is it legal to record a conversation in New Jersey without the other person's permission?
Personally and morally, I would never do this. It's a trust thing really.
I'm the kind of person that puts it all on the table even when it's a tough conversation.
Also, would you like to be recorded without knowing about it? I wouldn't.
I also don't think it should be against the law though. It's a personal choice in my opinion.
New Jersey is a "one party consent" state. This is a very lengthy and complicated law if you're interested: 18 U.S.C. 2511(2)(d).
According to Digital Media Law Project, under this law, you can record a phone call or conversation so long as you are a party to the conversation.
That means you are the one party and you don't have to inform the person or people you are recording.
Digital Media Law Project added:
If you are not a party to the conversation, a "one-party consent" law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded.
Remember that this is just for the Garden State. Other states have different laws including having to get permission from the other party.