Yes, South Dakota permits recording phone calls if at least one party consents, aligning with federal “one-party consent” law. State courts and the South Dakota Attorney General’s Office have consistently upheld this standard, though recent 2026 legislative proposals aim to clarify penalties for unauthorized recordings. Businesses must ensure compliance with both state and federal guidelines to avoid litigation.
Key Regulations for Recording Phone Calls in South Dakota
- One-Party Consent Requirement: South Dakota follows the federal model, allowing recordings if any participant in the conversation consents. This includes business calls where employees may record customer interactions without explicit notice, provided at least one party is aware.
- Prohibition on Third-Party Interception: State law mirrors the federal Wiretap Act, criminalizing the interception of calls where no party has consented. Violations may result in civil liability or criminal charges under South Dakota Codified Laws § 23A-35A-2.
- Business and Employment Contexts: Employers recording workplace communications must disclose policies in employee handbooks or during onboarding. The South Dakota Department of Labor and Regulation has emphasized that failure to notify employees may constitute an unfair labor practice under state employment statutes.