Since Colorado is a one party consent state, people may lawfully record conversations in their workplace if at least one party to the conversation freely consents to being recorded. If the person doing the recording is part of the conversation, then no one else’s consent is needed because the recorder has his/her own consent.1
If the work conversation takes place in a public location – such as a restaurant – then a person not a party to the conversation could probably legally record it under state law. This is because the people in the conversation have no reasonable expectation of privacy in that particular location.
What is the penalty for unlawful recording at the workplace?
Unlawfully recording in-person conversations – called eavesdropping – is a class 2 misdemeanor carrying up to 120 days in jail and/or a fine of up to $750. Note this crime comprises both video recordings and audio recordings.2
What is the work conversation occurred over the phone?
Similar to eavesdropping, wiretapping is legal in Colorado as long as one party to the phone conversation agrees to be recorded. But things get more complicated if people wiretap telephone calls involving parties in separate states. If one of the parties to the phone call is in an all-party consent state, then the recorder must have the consent of all parties of the telephone conversation.
Illegal wiretapping under CRS 18-9-303 is a class 2 misdemeanor. The sentence is:
- Up to 120 days in jail, and/or
- Up to $750 in fines.3
Note that violating federal laws for intercepting electronic communications carries up to 5 years in Federal Prison.4 And defendants may also face civil lawsuits for violating wiretapping laws, such as for invasion of privacy.
What if the employer bans recording work conversations?
Employers are free to institute policies that prohibit recording work conversations, no matter who consents. Violating these policies would not be a Colorado crime as long as at least one party to the conversation agrees to be recorded. But it could be grounds for getting disciplined or fired. And if the recording contains company trade secrets, the employer may even be able to sue the recorder.
How do you fight charges of recording work conversations?
Five of the possible defenses to illegal recording charges in Colorado are:
- The defendant got consent to record the private conversation, and the party later regretted giving consent;
- The parties had no reasonable expectation of privacy (such as if they were in a public place);
- The defendant did not record the conversation, and he/she was falsely accused or was the victim of mistaken identity;
- The defendant did not mean to eavesdrop and turn on the recording device – any recording of conversations was an accident; and/or
- Law enforcement violated the law when investigating the case. Examples including performing an unlawful search and seizure or coercing a confession.
Learn more about Colorado wiretapping and eavesdropping laws.
See our related articles Recording police officers in Colorado, Colorado laws on recording in person conversations, and Colorado Recording Law – 3 things to know.
Legal References
- Colo. Rev. Stat. 18-9-304; see also People v. Rivera, 792 P.2d 786 (Colo. Supreme Court, 1990); see also People v. Mares (Colo. App. 2011) 263 P.3d 699. The other one party consent states include Alabama, Alaska, Arizona, Arkansas, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.
- CRS 18-9-304. Prior to March 1, 2022, eavesdropping was a class 1 misdemeanor, with penalties including 6 to 18 months in jail and a fine of up to $5,000. SB21-271.
- CRS 18-8-303. The two party consent states are California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont, and Washington.
- 18 U.S.C. § 2511(4)(a).
