Can I record a telephone conversation if the other person on the line does not know that I am recording?
When it comes to recording audio conversations, many states have what is called all-party consent, which requires both parties in a conversation to be aware of and give consent to recording. However, the State of Indiana has what is known as one-party consent, which only requires the consent and awareness of one party. In other words, if you are a part of the conversation that you are recording, you count as the one party that is giving consent to record.
This can get a little complicated when there is a situation where you consent to recording, but the other person in the conversation is in another state. This is a whole different set of circumstances, where you would do best to research what the other state’s policy is. Providing that both parties are Indiana, and you are a part of a conversation and you choose to record it, you can do that.
There are few particulars I feel are important to point out. The first being that you cannot secretly record a conversation that you are not a part of. Another important distinction to note is that the laws for video recording are different than those for audio recording, and what I am talking about here can only be applied to the recording of audio conversations. In regard to audio recordings, Indiana is a one-party consent state. If you are a participant in a conversation, and both parties are in the State of Indiana, you have the right to record the audio of the conversation.
I hope that this has been helpful. If you have any questions, feel free to give me a call or send me an email. I am always more than happy to help. Until next time, remember, if you have to be guilty of anything, be guilty of greatness.