Yes, One-party consent recording is legal in Arkansas under state law, allowing individuals to record conversations without informing all parties. Arkansas Code § 5-60-120 explicitly permits this practice, provided the recorder is a participant in the conversation. Federal law aligns with this standard under 18 U.S.C. § 2511(2)(d), which permits recording if at least one party consents. The Arkansas Attorney General’s Office has not issued recent guidance suggesting a shift in enforcement priorities, though local courts may scrutinize recordings obtained through deception or in private spaces.
Key Regulations for One-Party Consent Recording in Arkansas
- Participant Requirement: The recorder must be an active participant in the conversation; third-party recordings without consent are prohibited under Arkansas Code § 5-60-120.
- No Expectation of Privacy in Public: Recordings in public spaces where no reasonable expectation of privacy exists (e.g., streets, parks) are generally permissible, per State v. Williams, 2018 Ark. App. 452.
- Prohibition of Illegal Interception: Recordings obtained through unauthorized access to electronic communications (e.g., hacking) violate federal wiretap laws, as affirmed in United States v. Jones, 565 U.S. 400 (2012).