These days, almost everyone has a high-definition camera sitting in their pocket. From filming your child’s school play at POB JFK High to capturing a heated exchange outside a Plainview coffee shop, recording daily life has never been easier. But what many Long Islanders don’t realize is that hitting “record” without understanding the law can land you in legal hot water.
At David R. Lewis, P.C., we regularly counsel clients in Plainview and across Nassau County on the legal boundaries of video and audio recording. Here's what you need to know to stay safe—and legal.
Public vs. Private: Know the Line
In New York and under federal law, you're generally free to record video in public places—think sidewalks along Old Country Road or parks like Plainview-Old Bethpage Community Park. These are areas where there’s no “reasonable expectation of privacy.”
But step inside a private space—like a restroom, a changing room, or someone’s home—and recording without consent can be considered a serious offense. Semi-public areas, such as gyms or hotel hallways, can fall into legal gray zones. When in doubt, don’t record without permission.
Audio vs. Video: Two Different Rulebooks
New York is a one-party consent state for audio recordings. That means you can legally record a conversation if you’re a part of it. But if you're trying to secretly record two other people talking, that crosses a legal line.
If the conversation involves people across state lines, like calling someone in New Jersey or California, you need to follow the stricter law—many states require all-party consent. So before you record that Zoom call or phone conversation, make sure you're on solid legal ground.
Workplaces, Businesses & Other Gray Areas
In offices or retail shops around Plainview, recording can get tricky. Employers must generally inform employees if video or audio surveillance is taking place. For customers and clients, signage or consent is often required—especially if sound is being captured.
Bottom line: transparency is key. Always inform others if you're recording in shared or semi-private spaces.
State vs. Federal Law: Stick With the Stricter One
Though federal law sets a baseline, New York’s laws may impose stricter rules, and violating them could bring civil or even criminal penalties. Secretly recording in private settings is particularly risky and could even lead to lawsuits.
Think Before You Hit Record
While it might feel harmless to grab footage or audio in the moment, it’s always smart to pause and consider the consequences. If you're unsure about whether a recording is legal or how it might be used as evidence, the safest route is to consult an experienced attorney.
At David R. Lewis, P.C., we’ve advised countless Long Island residents on how to protect themselves—both legally and personally—when it comes to recording rights and privacy laws.
If you have questions about video or audio recordings—or need legal help related to a recording—contact our Plainview office at (516) 933-7550 or visit https://www.lipilawyer.com/ for a confidential consultation.