Can you tape recordan in person conversation if the other person does not consent?

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Can you tape recordan in person conversation if the other person does not consent?

Employer is stealing from employees and I want to tape him.

Asked on November 12, 2010 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

PA is what is known as a "2-party state".  This means that both parties to a conversation (telephone/in-person) must consent to it's recording.  Failing to obtain such consent is a crime and can also result in civil liability.  Consquently such a recording could not be used as evidence in any legal proceeding.  However, you could record someone in a public place, in a restaurant for example, on the theory that the communication could have been overheard by third-parties and was therefore not intended to be private.


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