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Two-party Consent
Two-party consent refers to a legal requirement that all parties involved in a conversation must give their permission before the conversation can be recorded. This means that if you want to record a phone call or any other communication, you must inform everyone participating and obtain their explicit or implicit consent to do so.
Key points about two-party consent:
- It is also called "all-party consent" because if there are more than two people, everyone must consent to the recording.
- Consent can be active (e.g., verbally agreeing or clicking an approval button) or passive (e.g., being informed that the call is recorded and continuing without objection).
- This contrasts with one-party consent, where only one participant (usually the person recording) needs to consent.
Two-party consent laws exist in several U.S. states including California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington, among others. In these states, recording a conversation without informing and obtaining permission from all parties is illegal.
Internationally, countries such as the United Kingdom, Canada, India, Germany, Australia, and Romania also follow two-party consent rules.
In summary, two-party consent means you must notify and get permission from everyone involved before recording a conversation to comply with the law in certain jurisdictions.