Recording consent for meeting notes. What to know before you capture.

When you may record or transcribe a meeting in the United States and Canada, what to do when people join from different places, and the simple habit that works everywhere.

The short version

  • Capturing a meeting to transcribe it is treated like recording it. Before you start, make sure you’re allowed to.
  • In Canada, US federal law and most US states, one person in the conversation may consent for everyone (“one-party consent”), and that person can be you.
  • A handful of US states need everyone’s consent. When people join from different places, follow the strictest rule that applies.
  • In Canada, a business that records people also has privacy-law duties: tell them, and say why.
  • The simplest habit works everywhere: say you’re taking notes at the start, and stop if anyone objects.

This page is general information to help you use DayCarp responsibly. It isn’t legal advice, and laws change. For a specific situation, especially in a regulated field, ask a lawyer where you are.

Why it matters for meeting notes

Recording laws were written for tape recorders and phone taps, but they cover any device that captures a private conversation, and capturing audio so software can transcribe it is generally treated the same way. What decides whether you may do it is where the people in the conversation are, whether you’re one of them, and who knows about it.

DayCarp transcribes on your own device: the audio never reaches our servers, and DayCarp saves the transcript, never a recording. That keeps the conversation private, but a transcript is still a record of what people said, so the consent rules below still apply. DayCarp also doesn’t send a bot into the call, so nobody gets an automatic notice that notes are being taken. Telling them is up to you.

United States

Federal law: one-party consent

The federal Wiretap Act (18 U.S.C. § 2511) lets a person record a conversation they take part in, or one where a participant has agreed, unless the recording is made to commit a crime or a tort. Most states follow the same rule. Federal law is the floor: a state can be stricter, and several are.

States that need everyone’s consent

These states generally require the consent of every party to a private conversation, at least in some settings:

StateNotes
CaliforniaAll parties to a confidential conversation, in person or by phone. California courts apply this to calls with people in California, even when you’re elsewhere.
ConnecticutEveryone must consent to recording a phone call (for in-person conversations, the rule is one-party).
FloridaAll parties, where people reasonably expect the conversation to be private.
IllinoisAll parties to a private conversation.
MarylandAll parties.
MassachusettsAll parties; the law targets secret recording, so open recording that everyone knows about is treated differently.
MichiganThe statute says all parties; courts have allowed a participant to record their own conversation. Treat it as all-party to be safe.
MontanaAll parties, with exceptions for public meetings.
New HampshireAll parties.
PennsylvaniaAll parties, where people expect privacy.
WashingtonAll parties to a private conversation; an announcement that is itself recorded counts as consent.

Two more states split by setting. Oregon allows one-party recording of phone calls but requires that everyone in an in-person conversation be told. Nevada allows one-party recording in person, but its courts require everyone’s consent for phone calls. Other states have narrower exceptions of their own, so check the law where you and the other people are.

When people are in different states

Online meetings often cross state lines, and it isn’t always settled whose law applies. The safe rule: if anyone in the meeting is in an all-party state, act as if everyone’s consent is needed.

Canada

The Criminal Code: one-party consent

Section 184 of the Criminal Code makes it an offence to intercept a private communication, but not when one of the people in it consents. So in every province and territory, you may record a conversation you take part in. Recording a conversation you’re not part of, without anyone’s consent, is a crime.

Privacy law for businesses

When you record or transcribe meetings for work, privacy law also applies, because the recording and transcript hold other people’s personal information (their voices, names, what they said):

  • PIPEDA, the federal private-sector law, expects organizations to collect personal information with people’s knowledge and consent, for purposes they’ve been told about, and to keep it safe and only as long as needed.
  • Quebec (the private-sector privacy act, as updated by Law 25), Alberta and British Columbia (each with its own Personal Information Protection Act) have their own laws instead of PIPEDA for business within the province, with the same core idea: tell people what you collect and why. Quebec’s Civil Code also protects the right to privacy, including private conversations.
  • Employers recording staff meetings, and public bodies under their own access and privacy laws, may have extra duties.

In practice, for business meetings in Canada: tell participants you’re taking notes with a transcription tool, say what for, and let them object, even though the Criminal Code alone would allow one-party recording.

Calls between Canada and the US

A meeting with people in both countries is covered by the rules where each person is. If anyone is in an all-party US state, get everyone’s consent.

Other countries

Rules elsewhere vary widely. In the EU and the UK, data protection law (the GDPR and the UK GDPR) treats a recording or transcript of identifiable people as personal data, which needs a lawful basis and clear notice, and some countries also make secret recording a crime. If people join from outside North America, tell everyone and get their agreement.

Good practice with DayCarp

Say it at the start

“I’m taking notes with DayCarp. It transcribes on my computer and doesn’t keep a recording. Is everyone OK with that?”
  • Say it while capturing. Their answer is then in the transcript too.
  • Put it in the invite. A line in the calendar invitation gives people notice before the meeting starts.
  • Stop if someone objects. End the capture and take notes by hand instead.
  • Mind sensitive meetings. Health, legal, HR, financial advice and meetings with minors can carry extra rules, such as privilege, professional-conduct rules or sector regulations. Check before capturing them.
  • Treat the transcript with care. Share it only with people who should see it, and delete it when you no longer need it.

Questions?

Ask us how DayCarp handles meetings at help@daycarp.com, or read our Privacy Policy and Privacy and security.

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