Q: So if The person recording everything about a day is the only person knows that they're recording it still legal

My wife wants me to record everything that happens at work if I'm not on call with her, is that still legal if I'm the only person who knows that they're recording is there and I'm the only person consenting to it but no one else knows is that even legal

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In North Carolina, the legality of recording conversations hinges on the state's consent laws. North Carolina is a "one-party consent" state, which means that as long as you are a party to the conversation, you can legally record it without needing to get permission from the other parties involved.

However, this law applies specifically to audio recordings of conversations. If you're considering recording video, especially in a workplace setting, there might be additional privacy concerns or workplace policies to consider.

It's important to be aware that while you can legally record conversations that you're a part of, recording others without their knowledge can still raise ethical concerns and might violate workplace policies or create distrust among colleagues.

If the recording is intended to capture evidence of a specific issue, such as harassment or workplace violations, it's advisable to first seek guidance from a legal professional or a human resources representative to understand the best course of action.

Remember, while the law allows for one-party consent audio recording, using the recordings, especially in a legal context, can be complex and should be approached with careful consideration and, if possible, professional advice.

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