Privacy · Recording Consent
Is It Legal to Record a Call in Massachusetts?
Whether you can record a conversation in Massachusetts, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in Massachusetts
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| Secrecy is what is banned | Section 99(B)(4) reaches only a person who acts to "secretly" hear or record a wire or oral communication. If the recording is open and known, it is not an "interception," so it is not a crime. |
| Knowledge, not express consent, is enough | Under Commonwealth v. Jackson, 370 Mass. 502 (1976), a recording is "secret" only if a party lacks actual knowledge of it. Affirmative consent is not required, so announcing the recording is enough even if the other person objects. |
| No privacy requirement at all | "Oral communication" is defined simply as speech, with no expectation-of-privacy element, so § 99 can reach secret recording of a loud conversation on a public sidewalk. This makes Massachusetts the strictest state on in-person audio. |
| When it is different | What it means |
|---|---|
| Open, announced recording | An announced or known recording is not an "interception." Holding up your phone and saying you are recording puts you outside the statute even if the other person objects. |
| Recording police in public | Under Project Veritas Action Fund v. Rollins, 982 F.3d 813 (1st Cir. 2020), § 99 violates the First Amendment insofar as it bars secret recording of police officers discharging their duties in public. Whether this extends to other officials is unsettled. |
| Ordinary carrier equipment | Section 99(B)(3) excludes hearing aids and standard telephone equipment furnished by a carrier in the ordinary course of business, which functions as the Massachusetts business-extension carve-out. |
What you can do right now
Concrete, neutral steps before you record a conversation in Massachusetts. This is legal information, not legal advice.
- Record openly, not secretly
The word doing all the work in § 99 is "secretly." Announce that you are recording at the start. Once the other party knows, the recording is outside the statute even if they object.
- Remember that being a party does not help
Commonwealth v. Jackson holds that secretly taping your own phone call still violates § 99. Participation is irrelevant. Only secrecy matters, so do not rely on being on the call.
- Know the police carve-out
Secretly recording police performing their duties in public is constitutionally protected under Project Veritas. Whether the same protection covers other government officials is not settled, so be cautious there.
- Talk to a Massachusetts attorney or the Attorney General
A § 99 violation carries felony-level exposure. A licensed Massachusetts attorney can assess whether a recording was "secret," and the Office of the Massachusetts Attorney General handles referrals.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ Office of the Massachusetts Attorney GeneralThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in Massachusetts
Massachusetts is commonly called a "two-party consent" state, but that label misses what the statute actually does. G.L. c. 272, § 99 does not ban recording, it bans secret recording: subsection (B)(4) defines an illegal interception as acting to "secretly hear, secretly record" a wire or oral communication without prior authority from all parties. The single word doing the work is "secretly." Hold up your phone, say "I am recording this," and you are outside the statute even if the other person objects, which is the opposite of how most people describe a two-party state. Commonwealth v. Jackson, 370 Mass. 502 (1976), makes actual knowledge enough, so express consent is not required, only awareness. What makes Massachusetts the strictest state in the country on in-person audio is a different feature: "oral communication" is defined as plain speech, with no reasonable-expectation-of-privacy element, so § 99 can reach a secretly recorded conversation on a public sidewalk. And being a party is no defense: Jackson squarely holds that secretly taping your own phone call violates the statute. Since 2020, Project Veritas Action Fund v. Rollins carved out a constitutional exception for secretly recording police performing their duties in public, though whether that reaches other government officials remains unsettled. Penalties are steep, up to $10,000 and years of imprisonment, with a civil remedy that extends standing to anyone whose privacy was violated. The safe rule in Massachusetts is simple: record openly and audibly, never in secret.
Common questions
Is it illegal to record a conversation in Massachusetts if I am part of it?
It can be. Commonwealth v. Jackson holds that secretly recording your own conversation still violates § 99. Being a party does not help. What matters is whether the recording was secret.
Do I need permission, or is it enough that the other person knows?
Knowledge is enough. Under Jackson a recording is only "secret" if a party lacks actual knowledge of it. Announcing the recording puts you outside the statute even if the other person objects, so express consent is not required.
Can I record the police in Massachusetts?
Secretly recording police performing their official duties in public is protected under Project Veritas Action Fund v. Rollins (1st Cir. 2020), notwithstanding § 99. Whether that protection extends to other government officials is not settled.
Does Massachusetts law cover a conversation in a public place?
Yes. Unlike most states, § 99 has no privacy requirement. "Oral communication" just means speech, so secretly recording even a loud conversation on a public sidewalk can violate the statute.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.