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It is illegal audio record someone withou their consent in massachusetts?

Chicopee, MA |
Filed under: Civil rights

there is situation at my job; and at the human resources office are not doing anything to stopped it , for them i dont have enouh proof even with witnesses and other people complaints about the same person i just want to have proof about whats going on at the work area and proof that i did brought this situation to the managers in case something worst happen and they denied they knew about it

Attorney Answers 5


Massachusetts's wiretapping law is a "two-party consent" law. Massachusetts makes it a crime to secretly record an in-person or telephone conversation without the consent of all parties to the conversation. See MGL 272, § 99. If you are in Massachusetts, you should always get the consent of all parties before recording a telephone call or conversation, unless it is absolutely clear to everyone involved that you recording (i.e., it is not "secret").

This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.

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My colleague found the correct statute and is giving good advice. Here's a link to the statute to see for yourself: Look at number 4, which is the definition of "interception."

I have taken no action on your problem other than to review your question. I want to confirm that no attorney-client relationship has been created between our firm and you in connection with this matter, and that nothing in this response is legal advice to you. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because we do not represent you, we cannot keep track of, and inform you about, any change in the law. I must warn you that there are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I would advise you to retain the services of an attorney as soon as possible.

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As Mr. Mason correctly notes, you don't have the right to make any such recording without the consent of the other party or unless it's obvious that a recording is being made. Criminal charges can be brought if you violate this law.

I suggest you take very careful HANDWRITTEN notes as soon as possible after you witness the offensive conversation. Remember, your work computer is not yours and anything you type into it can be read by your employer.

E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

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Philip W. Mason

Philip W. Mason


As well as taking good notes, make sure you document any witnesses


Yes, it is a crime to secretly audio record someone in Massachusetts.

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The answers you have received direct you to the law, however, the statute does not require consent. It prohibits the secret recording of conversations. The other party does not need to give permission to be recorded. The recording cannot be done without their knowledge.

It is illegal to record someone's conversation without their knowledge.

DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues.

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