Can You Record Someone Without Permission in Texas?

Are you considering recording conversations, telephone calls, or private in-person conversations? If you live in Texas, you are in a one-party consent state. This means you have the right to record a conversation as long as at least one party consents and is aware of the recording.

How Do I Know if I Can Record a Conversation?

Federal wiretapping laws, as well as federal and state eavesdropping laws, govern the recording of private conversations. Under Texas law, you do not have the right to intercept or record private “wire, oral, or electronic communication” without the permission of at least one party involved in the conversation.

Here are some questions to ask yourself if you’re thinking of recording a conversation in Texas:

1. Are You Involved in the Conversation?

If so, you can give lawful consent to record your own conversation. As a conversation participant, you almost always have the right to record your own conversation.

2. Are You Not a Participant in the Conversation?

You cannot lawfully make a secret audio recording of a private phone conversation between people other than yourself without getting the permission of at least one participant.

3. Is the Conversation in Public?

A conversation in a public place is not subject to the same legal standards as private conversations. According to Texas state law regarding data privacy, one-party consent is only required if the parties have a reasonable expectation that their conversation is private. Two people having a loud conversation while sitting on a bench at a public park in Texas wouldn’t necessarily have a reasonable expectation of privacy. As such, their oral communication is not protected by Texas law. The public conversation could likely be lawfully recorded without the permission of either of the parties.

Beware Different Recording Laws in Multi-State Recordings

Not all states operate under the one-party consent standard. Approximately one-quarter of U.S. jurisdictions use the two-party consent rule. In those states, you need permission from all parties involved to record a private conversation lawfully. Be very careful when recording phone calls or messages with people outside of your state. Make sure you know the relevant laws before recording without permission.

Find Experienced Legal Help

If you have questions about the legality of recording in your state, contact an experienced Texas data privacy attorney for legal advice. A lawyer will be able to review your issue and help you understand your legal rights. For more general information about privacy rights, see our overview of civil rights law.