What's happening
This bill changes the definition of wiretapping to require consent from both the sender and receiver for legal recording.
Why it matters
Stricter Consent Standard. By requiring both the sender and receiver to consent before any telephonic or telegraphic communication can be legally recorded, the bill significantly raises the bar for lawful recording and eavesdropping, enhancing privacy protections for all parties involved.
Impact on Personal and Workplace Recordings. Individuals in New York would no longer be able to legally record conversations with only one party’s consent (including their own). This could affect how evidence is gathered for personal disputes, workplace incidents, or even journalistic investigations.
Legal and Enforcement Implications. The change could lead to more prosecutions for unauthorized recording, potentially increasing the legal risks for people who record conversations without obtaining explicit permission from everyone involved.
Technology and Business Practices. Companies and service providers may need to update their policies, practices, and user notifications to ensure compliance, especially those offering telecommunication or recording services that currently rely on single-party consent models.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Require Both Parties’ Consent
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3975
2019-2020 Regular Sessions
IN SENATE
February 22, 2019
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the definition of wiretapping
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 250.00 of the penal law, as amended by chapter 744 of the laws of 1988, is amended to read as follows:
1. "Wiretapping" means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of [either] both the sender [or] and receiver, by means of any instrument, device or equipment. The normal operation of a telephone or telegraph corporation and the normal use of the services and facilities furnished by such corporation pursuant to its tariffs or necessary to protect the rights or property of said corporation shall not be deemed "wiretapping."
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09585-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the definition of wiretapping
Purpose
The purpose of this bill is to require that anytime a recording device is used during a conversation or incident, where there is a reasonable expectation of privacy, that all parties consent to the recording of such conversation or incident.
Summary of provisions
Section 1 changes the definition of "wiretapping" under section 250.00 of the penal law to require that all persons involved in a conversation consent to the recording of that conversation or incident.
Section 2 marks the effective date.
Justification
New York State is a one-party consent state when it comes to the record- ing of conversations or incidents where a reasonable expectation of privacy is assumed. Given that we are in the 21st century and we now live in a society where every individual has access to a recording device of some kind, it is important that we update our laws to protect the privacy of all individuals in settings where that privacy should be expected and respected. This bill would change the law to reflect that all parties present in such instances need to consent to a recording, otherwise the individual(s) performing the recording will be in violation of the law.
Legislative history
2018 - S. 9173 - Rules Committee.
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.