Wisconsin Recording Laws: Consent Rules and Penalties

Quick Answer

Wisconsin is a one-party consent state. You can legally record phone calls and in-person conversations as long as you are a party to the conversation or have consent from at least one participant. Illegal recording is a Class H felony. One important exception: you cannot record for the purpose of committing a criminal or tortious act.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	Wis. Stat. 968.31
Criminal Penalty	Class H Felony (up to 6 years, $10,000 fine)
State Civil Damages	Yes, under Wis. Stat. 968.31(2m)

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Understanding Wisconsin Recording Laws

The Legal Foundation

Wisconsin's wiretapping and electronic surveillance laws are found in Chapter 968 of the Wisconsin Statutes, titled "Commencement of Criminal Proceedings." The central statute is Wis. Stat. 968.31, which prohibits the interception and disclosure of wire, electronic, or oral communications.

Under this statute, it is illegal to intentionally intercept any wire, electronic, or oral communication without proper consent. However, recording is legal when at least one party to the communication consents. The statute also makes it illegal to disclose, use, or alter the contents of any communication that was intercepted in violation of the law.

What Communications Are Covered

Wisconsin's recording law covers three categories of communication:

• Wire communications include phone calls, cell phone calls, and VoIP calls
• Oral communications include in-person conversations where parties have a reasonable expectation of privacy
• Electronic communications include text messages, emails, and video calls

The law does not protect conversations in public places where no reasonable expectation of privacy exists.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Wisconsin, only one person in the conversation needs to know about and consent to the recording. That person can be you. You do not need to announce "this call is being recorded" or get anyone else's permission.

In contrast, two-party (or all-party) consent states like neighboring Illinois require everyone in the conversation to agree to be recorded.

This distinction matters most when recording across state lines. If you are in Wisconsin calling someone in an all-party consent state, the stricter law typically applies.

The Criminal or Tortious Purpose Exception

Wisconsin law includes an important limitation. Even as a participant in the conversation, you cannot record if your purpose is to commit a criminal, tortious, or injurious act in violation of state or federal law. This means:

• Recording for blackmail or extortion is illegal
• Recording to facilitate fraud is illegal
• Recording with intent to harass may be illegal
• Recording for legitimate purposes such as documentation, gathering evidence, or keeping personal records is legal

Courts look at the intent behind the recording. If you have a lawful reason for recording, such as preserving evidence of workplace harassment or documenting a business transaction, the recording is protected under the one-party consent exception.

Recording Phone Calls in Wisconsin

Can You Record Phone Calls in Wisconsin?

Yes. Under Wis. Stat. 968.31, you can record any phone call you are participating in without informing the other party. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, and similar platforms)
• Video calls with audio

The key requirement is that you must be an active participant in the call. You cannot install software or a device to record calls you are not part of.

Recording Calls Across State Lines

If you are in Wisconsin calling someone in a two-party consent state, the stricter law typically applies. Wisconsin borders Illinois, which requires all-party consent. Other states requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois (Wisconsin's neighbor)
• Maryland
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: When calling people in two-party consent states, especially neighboring Illinois, either inform them you are recording or get explicit consent.

Business Call Recording

Wisconsin businesses can record calls for quality assurance, training, or compliance purposes. While not legally required under Wisconsin's one-party consent rule, many businesses choose to provide notice as a best practice. Methods of obtaining consent include:

• A recorded announcement ("This call may be recorded for quality assurance")
• Verbal consent before the call begins
• A periodic beep tone during the call
• Written consent in contracts or terms of service

Businesses should also consider whether they are recording calls with people in all-party consent states and adjust their practices accordingly.

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in Wisconsin when:

• You are participating in the conversation
• You are in a public place where there is no reasonable expectation of privacy
• You have consent from at least one party (which can be yourself)
• The recording is not for criminal or tortious purposes

The Public Place Exception

Wisconsin law protects communications where parties have a reasonable expectation of privacy. You can record in public places without consent because there is no justified privacy expectation in:

• Public streets and sidewalks
• Parks and outdoor public spaces
• Public areas of businesses (lobbies, retail floors)
• Government buildings open to the public
• Public transit stations and vehicles

When Is It Illegal?

Recording is illegal in Wisconsin when:

• You are not a party to the conversation and do not have consent from any participant
• You are recording in areas with a reasonable expectation of privacy (bathrooms, changing rooms, hotel rooms)
• You are recording for criminal or tortious purposes
• You are leaving a recording device to capture conversations you are not participating in
• You are disclosing or using recordings that were obtained illegally

Recording in Your Own Home

You can record conversations in your own home as long as you are participating. However, you cannot:

• Plant a hidden device and leave to record others without being present
• Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
• Record intimate activities without consent (this falls under Wisconsin's invasion of privacy statute, Wis. Stat. 942.08)

Wisconsin Video Recording Laws

Public Spaces

Wisconsin has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations
• Record from your own property (security cameras)

Private Property and Privacy

On private property, the property owner sets the rules about video recording. Wisconsin also has specific privacy protections:

• Invasion of privacy (Wis. Stat. 942.08) prohibits using a surveillance device to observe someone in a private place. A "private place" is any location where a person can reasonably expect to be safe from being observed without consent. Violations are a Class A misdemeanor.
• Capturing intimate representations (Wis. Stat. 942.09) prohibits recording someone's intimate parts without consent.
• Non-consensual distribution of intimate images is separately prohibited under Wisconsin law.

If you are recording someone's likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

Wisconsin employers can generally record in common work areas where employees do not have a privacy expectation, such as sales floors, warehouses, and open office areas. However, employers cannot record in:

• Bathrooms and restrooms
• Locker rooms
• Changing areas
• Break rooms designated as private

Can You Record Your Employer?

Yes. As a one-party consent state, you can record conversations with your boss, HR representatives, coworkers, or anyone else at work as long as you are part of the conversation. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in employment disputes
• Preserving important verbal instructions or agreements

Workplace No-Recording Policies

Your employer may have internal policies that prohibit recording in the workplace. While recording is legal under Wisconsin state law, violating a company policy could lead to disciplinary action or termination.

However, the National Labor Relations Board (NLRB) has ruled that overly broad no-recording policies can violate employees' rights under the National Labor Relations Act. Employees have the right to engage in "protected concerted activity," which can include recording evidence of unsafe conditions, documenting workplace grievances, and preserving evidence for administrative or legal proceedings. Employers who maintain blanket no-recording policies without exceptions for protected activity risk having those policies struck down.

Wisconsin Bar Ethics Opinion on Attorney Recording

In February 2024, the State Bar of Wisconsin issued Formal Ethics Opinion EF-24-01, which addresses when attorneys may record conversations without disclosure. Key findings include:

• Recording clients without their knowledge or consent is prohibited under Wisconsin Supreme Court Rules 20:1.4(b) and 20:8.4(c)
• Recording judges and court personnel without permission is not permitted
• Recording opposing counsel is not ordinarily prohibited by disciplinary rules, but the committee cautions attorneys to carefully consider the risks
• Recording third parties is generally permissible unless the third party is represented by counsel

This opinion replaced the earlier Ethics Opinion E-94-5 and reflects the practical reality of recording in a one-party consent state.

Recording Police and Government Officials

Can You Record Police Officers in Wisconsin?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. The U.S. Court of Appeals for the Seventh Circuit, which covers Wisconsin, has upheld this right. In Wisconsin, you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police
• Livestream encounters with officers

Important limitations:

• Do not interfere with police operations
• Do not trespass to get a better angle
• Follow lawful orders to step back (within reason)
• Do not physically obstruct the officer's duties
• Officers cannot order you to stop recording simply because you are recording, but they can issue lawful orders related to safety

The ACLU of Wisconsin provides guidance on exercising your right to record police activity.

Recording Government Meetings

Wisconsin's Open Meetings Law (Wis. Stat. 19.81 et seq.) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

• County board meetings
• City council meetings
• School board meetings
• State legislative proceedings
• Public hearings and commission meetings

The Open Meetings Law reflects Wisconsin's strong public policy in favor of government transparency. Governmental bodies cannot prohibit attendees from recording proceedings that are required to be open.

Common Recording Scenarios in Wisconsin

Can I Record My Landlord?

Yes, if you are part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs or maintenance
• Harassment or illegal entry into your rental unit
• Disputes about lease terms or security deposits
• Evidence for tenant rights cases or housing complaints

Can I Record My Doctor?

Yes, you can record medical appointments you attend. This can be helpful for:

• Remembering complex medical instructions or treatment plans
• Documenting informed consent discussions
• Having a record of diagnoses and recommendations
• Sharing information with family caregivers

Some healthcare providers have their own recording policies. While Wisconsin law allows you to record, a provider's office may ask you not to. Consider informing your doctor as a courtesy, since most physicians welcome patients who want an accurate record of their visit.

Can I Record DCF Workers?

Yes. Department of Children and Families (DCF) workers are government employees, and you can record your interactions with them as long as you are participating in the conversation. This right applies to home visits, office meetings, phone calls, and video conferences.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you are part of. This is common in custody disputes. However:

• Do not record your children's private conversations without being present
• Do not use children to secretly record the other parent
• Do not record conversations between your children and a therapist
• Consider how recordings may be perceived by Wisconsin family courts

Recordings can be powerful evidence in custody and divorce cases, but courts may view excessive or obsessive recording negatively.

Can I Use a Dashcam in Wisconsin?

Yes. Dashcams are legal in Wisconsin. There are no specific statutes restricting their use, but you should:

• Mount the camera so it does not obstruct your view of the road
• Be aware that audio recording follows one-party consent rules (you are the consenting party as the vehicle owner)
• Know that dashcam footage can serve as evidence in accident and insurance claims
• Check if your insurance provider offers discounts for dashcam use

Using Recordings as Evidence in Wisconsin

Are Recordings Admissible in Court?

Recordings made legally under Wisconsin's one-party consent law are generally admissible as evidence in both criminal and civil proceedings. Courts consider several factors:

• Authentication means you must prove the recording is genuine and unaltered
• Relevance means the recording must relate to a matter at issue in the case
• Hearsay rules may exclude certain statements, though many exceptions apply
• Prejudicial vs. probative value requires that the recording's evidentiary value outweighs any unfair prejudice

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible under exclusionary rules and may result in separate criminal charges against the person who made the recording
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded at the court's discretion
• Family court: Wisconsin family courts frequently admit legally obtained recordings in custody, divorce, and domestic abuse cases

Preserving Recordings for Legal Use

If you plan to use a recording as evidence, take steps to preserve its integrity:

• Save the original file without editing or altering it
• Note the date, time, location, and participants when you make the recording
• Keep backup copies in a secure location
• Do not share the recording on social media before legal proceedings conclude

Penalties for Illegal Recording in Wisconsin

Criminal Penalties Under Wis. Stat. 968.31

Violating Wisconsin's wiretapping laws is a Class H felony, one of the more serious classifications for this type of offense.

Offense	Classification	Potential Penalty
Illegal interception of communications	Class H Felony	Up to 6 years imprisonment, up to $10,000 fine
Disclosing intercepted communications	Class H Felony	Up to 6 years imprisonment, up to $10,000 fine
Using illegally obtained communications	Class H Felony	Up to 6 years imprisonment, up to $10,000 fine
Altering intercepted communications	Class H Felony	Up to 6 years imprisonment, up to $10,000 fine

A felony conviction also carries long-term consequences including a permanent criminal record, loss of voting rights while incarcerated or on supervision, and difficulty finding employment.

Civil Liability Under Wis. Stat. 968.31(2m)

Wisconsin state law does provide civil remedies for victims of illegal recording. Under Wis. Stat. 968.31(2m), any person whose communication is intercepted, disclosed, or used in violation of the wiretapping statutes can sue for:

• Actual damages, but not less than $100 per day for each day of violation or $1,000, whichever is higher
• Punitive damages for willful or egregious violations
• Reasonable attorney fees and other litigation costs

A complete defense exists if the person relied in good faith on a court order or on the provisions of Wis. Stat. 968.30(7).

Victims may also pursue claims under the federal Wiretap Act (18 U.S.C. 2520), which provides an additional avenue for recovery with a minimum of $10,000 in statutory damages.

Recent Developments and Legislative Activity

As of early 2026, Wisconsin's core recording and wiretapping statute (Wis. Stat. 968.31) has not been amended. Wisconsin remains a one-party consent state.

Notable recent developments include:

• Wisconsin Bar Ethics Opinion EF-24-01 (February 2024): The State Bar's Professional Ethics Committee issued updated guidance on when attorneys may record conversations without disclosure, replacing the 1994 opinion on the same topic.
• Government Surveillance Reform (AB 252/SB 260): A bill was introduced in the 2023-2024 legislative session that would have restricted state and local government agencies from intercepting oral communications in buildings they own or operate without a two-thirds vote of the governing body. The bill did not pass. As of early 2026, it has not been reintroduced in the current session.
• NLRB Workplace Recording Guidance: The National Labor Relations Board has continued to scrutinize employer no-recording policies, reinforcing that blanket bans on workplace recording may violate employees' rights to engage in protected concerted activity under the National Labor Relations Act.

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