Do you need consent to record someone?

It depends on where you are. Some places let you record a conversation you are part of. Others require everyone to agree, and recording without that can be a crime. The simplest safe habit is to tell people and ask.

This is general information, not legal advice. Laws change and differ in the details. If it matters, check the rules where you are, or ask a lawyer.

The questions that decide it

• Where is everyone? Your location counts, and on a call the other person's location may count too.
• Are you part of the conversation? Recording talks that you are not part of is treated much more harshly almost everywhere. Do not leave a phone recording in a room and walk away.
• Is the conversation private? A public speech is different from a talk behind a closed door.
• What will you do with it? Keeping a note for yourself is one thing. Sharing or publishing it can raise separate problems, even where recording it was fine.

A few examples of how it varies

• United States. Federal law generally lets you record a conversation if one party consents, and you can be that party. But states have their own laws, and some, including California, Florida and Washington, generally require everyone's consent for private conversations. When a call crosses state lines, the safe choice is to follow the stricter rule.
• Germany. Recording someone's privately spoken words without their permission can be a criminal offense, even if you are part of the conversation.
• Everywhere else. Rules vary a lot from one country to the next. Do not assume that what is fine at home is fine abroad. If you are recording for work, data protection law such as the GDPR in Europe may also apply, on top of any recording law.

Lectures

A lecture raises different questions from a chat. The lecturer may hold rights in the material, and many schools have their own policy on recording. It may be in the course handbook or the student rules.

• Ask the lecturer. Most questions end here. "Is it OK if I record for my own notes?" takes a few seconds.
• Keep it for yourself. A permission to record for study does not usually mean permission to post it online or pass it round.
• If you record because of a disability, your school's accessibility or disability office can often arrange that for you formally.
• Other students may be heard, particularly in seminars and discussions. Tell the group, or stop for the discussion.

Meetings and interviews

• Say it out loud at the start. "I'd like to record this so that I can get the notes right. Is that OK with everyone?"
• Start recording, then ask again. Having the question and their answer on the recording gives you a simple record of consent.
• Accept a no. If someone objects, stop and take notes instead.
• Check your employer's rules. Many workplaces have a policy, and the content may be confidential.
• Handle sensitive topics with extra care. Health, legal and financial conversations, and anything involving children, deserve a clear yes first.
• Calls count too. Tell the other person, especially if they are in another state or country.

Never record in secret

Even where it happens to be legal, secret recordings damage trust, and people tend to find out. If you feel you need a secret recording because of a dispute, harassment or a safety concern, ask a lawyer or a support organization what is allowed where you are. Those situations can have their own rules.

After you have recorded

• Keep it only as long as you need it. Delete it when the notes are done.
• Think before you share. A transcript of what someone said can be just as sensitive as the audio.
• Protect your phone. A locked screen is the simplest protection for recordings stored on it.

Where MemoLog fits

MemoLog keeps recordings and transcripts on your phone, and it does not upload them. That is one less party involved, but it does not change whether you may record in the first place. There is no hidden mode. Android shows a notification while MemoLog is recording, and recent versions of Android also show a microphone indicator. Getting consent is up to you.