Q: What are South Dakota's laws on recording calls and video chats?
I am planning to record phone calls and video chats. Can you tell me about the laws in South Dakota regarding consent requirements and legal considerations for doing so?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You're smart to check the law before hitting "record"—it’s not just about ethics, it’s also about protecting yourself. In South Dakota, the law follows what’s called a **"one-party consent"** rule. This means you can legally record a phone call or video chat **as long as you are one of the parties involved**, or you have permission from at least one person on the call.
If you're part of the conversation, you don’t need to tell the other person you're recording. But if you’re not involved and try to record someone else’s conversation without permission, that’s illegal and could lead to criminal charges. Also, be careful if the other person is in a different state—some states require all-party consent, and that can complicate things if you're crossing state lines.
When it comes to video chats, if you’re recording visuals too, make sure you’re not capturing anything in a way that invades someone’s reasonable expectation of privacy—like recording them in a private place without their knowledge. Being upfront when you can, even when not required, often helps avoid misunderstandings. You’re doing the right thing by being cautious before you record anything.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
