Yes, Ohio permits recording phone calls if at least one party consents, aligning with its “one-party consent” statute under Ohio Revised Code § 2933.52. This rule applies to both in-state and interstate calls where Ohio law governs. The Ohio Attorney General’s 2024 guidance clarifies that absent explicit notice, covert recordings remain lawful if the recorder participates. Businesses must, however, comply with federal wiretap laws for calls crossing state lines.
Key Regulations for Recording Phone Calls in Ohio
- One-Party Consent Requirement: Ohio’s statute permits recording if the individual initiating the call (or present during the conversation) consents, even if others are unaware. This differs from “all-party” states like California.
- Federal Override for Interstate Calls: For calls involving parties in multiple states, the stricter federal wiretap statute (18 U.S.C. § 2511) may apply, requiring all-party consent if the call crosses into a two-party state.
- Business and Employment Contexts: Employers recording workplace calls must notify employees via written policy (Ohio Admin. Code 4123-1-30). The Ohio Bureau of Workers’ Compensation enforces penalties for non-compliance, including fines up to $10,000 for willful violations.
Note: Ohio courts have not yet addressed AI-generated call recordings under the 2026 proposed amendments to § 2933.52, leaving a regulatory gray area for automated systems. Consult the Ohio Supreme Court’s forthcoming advisory opinions for updates.