Yes, Ohio’s wiretapping statute (Ohio Rev. Code § 2933.52) permits two-party consent recording, mandating all parties to a private conversation must consent before interception. Violations incur felony charges, with exceptions for law enforcement under court order. The Ohio Attorney General’s 2024 advisory clarifies that electronic communications (e.g., Zoom calls) fall under this rule, aligning with federal interpretations of the Wiretap Act.
Key Regulations for Two-Party Consent Recording in Ohio
- All-Party Consent Requirement: § 2933.52 criminalizes recording private communications without explicit consent from every participant. This includes in-person discussions, phone calls, and digital platforms like Microsoft Teams or WhatsApp.
- Implied Consent Exception: Consent is presumed if parties are notified via a “beep tone” or verbal warning prior to recording, per Ohio v. Jones (2019). Silence or absence of such notice does not constitute consent.
- Business & Government Exemptions: Entities may record customer service calls if disclosed in written policies (e.g., bank disclosures under Ohio DFI regulations). Law enforcement requires a § 2933.53 warrant for non-consensual interception.
Enforcement & Penalties: Prosecutions are handled by county prosecutors, with penalties ranging from misdemeanors to 5-year felonies (§ 2933.52(C)). The Ohio Supreme Court’s 2023 ruling in State v. Smith reinforced that third-party recordings (e.g., bystanders) are equally liable if consent is absent. Employers must ensure HR policies comply with Ohio’s 2026 updates to § 4113.01, which now explicitly references electronic monitoring in workplace settings.