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

Asked over 2 years ago - Chicopee, MA

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)

  1. Philip W. Mason


    Contributor Level 18


    Lawyers agree


    Answered . 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, ยง 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.

  2. E. Alexandra Golden

    Contributor Level 18


    Lawyers agree

    Answered . 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... more
  3. William T Harrington

    Contributor Level 14

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

  4. Phil A. Taylor

    Contributor Level 14

    Answered . 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,... more
  5. Gregory Philip Bowes

    Contributor Level 13

    Answered . 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-... more

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