Because Utah is a one-party consent state, you may be wondering if it is legal to record someone during a conversation or interview. While the answer is technically yes, it is legal to record someone in Utah– there may be situations where it is not legal and could result in legal consequences or be admissible in court. There are many reasons to record a conversation, an interview for a news article, meetings where you are hearing important information, or for a criminal investigation, but where is the line drawn, legally? Learn more below.
In Person Conversations
If a person is part of a conversation with another, they may legally record the interaction. Whether this is a personal conversation, an interview, or a business conversation, talking to another person is a legal way of obtaining information. While not all of our conversations need to be recorded, having a conversation with someone can be helpful if you are going through a divorce, dealing with a criminal investigation, or working on gathering information for a non-legal reason. No matter where in-person conversations happen, as long as you are participating in the conversation, it is legal to record someone.
Phone Calls
Most of us have access to a cell phone at all times, meaning that lots of conversations take place on the phone while on the go. Conversations over the phone can also be recorded by any participating party in Utah. However, it is not legal for someone outside the conversation to record your phone call unless it is in a public place.
Public recordings are often where people get themselves into trouble, because they believe that outsiders should not be recording their “private conversations.” However, we should have no expectation of privacy in places like parks, on the train, walking down the sidewalk, or outside of the grocery store. If someone films or records your side of the conversation while in public, it is their legal right to do so.
Wiretapping where a third party is not involved in the conversation is not legal in Utah. This means that police or investigators are not allowed to illegally wiretap your phone and listen to all conversations. If a court grants permission for legal teams to tap or bug your phone, then this type of recording is legal. Without this added consent, the laws regarding one individual being a part of the conversation still stand.
Meetings Or Interviews
What if you are sitting in a work meeting or are a third party in an interview? Since you are in the room and technically participating in the conversation, you can record the meeting for notes, or the interviewer can record the conversation, capturing anything you or the interviewee might say. If you are conducting an online interview, say, over Zoom or Google Meet, in the state of Utah, you are allowed to record without the consent of the other person. However, if the person lives in a two-party consent state, you will need to ask them in order to record legally.
Voice Vs Video Recordings
Voice recording is allowed if only one party consents in Utah, but video may be another concern entirely. Video recording is allowed for conversations in public places as previously mentioned, but you may not point security cameras at others’ property, use hidden cameras, or record someone in their private space without their consent. With so much being recorded and posted online these days, the line of what can legally be recorded can get blurry. Here is what can be video recorded by someone without the consent of the other party:
- Someone in a public place such as a park, public transit, concert, or public sidewalk
- Police who are doing their job, as long as you are not interfering with their work
- Around your property and spaces in and around a home
When Recording Is Illegal
Even though Utah is a one-party consent state, this doesn’t mean you can just freely record everything you may come across. Even police and private investigators need to obtain special permission to record someone without their permission. If you are going into the recording with criminal intent or intent to commit fraud, this is an illegal recording. Stealing personal information or gaining insight to complete a crime will make the recorded conversation illegal.
Listening in on a conversation that you are not a part of, or eavesdropping, is also illegal. It is not legal to record someone without their consent if you are an outsider to the conversation, unless previously mentioned factors are met. Eavesdropping through hidden cameras or leaving your phone unattended to record the conversation is not legal recording.
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St. George Investigations can help you with child custody cases, criminal investigations, divorce proceedings, and much more. Instead of navigating recording laws on your own, our private investigators can obtain the right warrants and permissions to help you gather the evidence you need. Tackle your case without stress and schedule a consultation with our team.