”If you’re attending a public meeting on a Zoom call, it’s arguably just like a public meeting you would attend in person. “Part of it depends on the circumstances of the Zoom meeting,” explained Melnik. Melnik said, generally, when it comes to all Zoom and other video conferencing interactions it is best to assume that the laws that apply to communications before the explosion of Zoom apply to Zoom, too. Just by you staying on you are giving consent to that recording.” Somebody gets on and says this meeting will be recorded. “The best practice would be this,” Melnik explained. In some states it’s a felony to record someone without their knowledge. If you don’t get consent to record, you could be held liable civilly and even criminally. That means everybody on a video conference must agree to being recorded. Eleven states (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington) require the consent of every party on a call. In most states, including New York and New Jersey, it is legal to record phone conversations as long as one party agrees to it. She explained that under the law, recording video conferences is treated the same as a phone conversation. She specializes in data privacy and information technology. “It depends on the state,” said Tampa attorney Tatiana Melnik.
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