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In most states, including Wisconsin, is it legal to record a conversation without the other personβs consent?
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Yes.
Generally itβs legal in 38 states, including Wisconsin, to record a conversation between two parties if at least one of them consents.
It generally would not be legal for a third party to record a conversation between two people, unless one of the two consented.
There are exceptions, said Wisconsin attorney Maxted Lenz. For example, two people talking loudly on a public bus donβt have an expectation of privacy. If a third party recorded them, it would not violate Wisconsinβs one-party law.
The law is not clear if a person in a one-party state wants to record a call with a person in a two-party state.
The Reporters Committee for the Freedom of the Press says reporters should assume that the two-party state law applies.
This fact brief is responsive to conversations such as this one.
Sources
- Recording Law: One-Party Consent States: Complete 2026 Guide
- Wisconsin State Legislature: Interception and disclosure of wire, electronic or oral communications prohibited
- Wisconsin Bar Association: Wisconsin Formal Ethics Opinion EF-24-01: Recording Others Without Disclosure or Consent
- Reporters Committee for the Freedom of the Press: Wisconsin Reporter's Recording Guide
- Recording Law: Wisconsin Recording Laws (2026): One-Party Consent Rules
- Milwaukee Journal Sentinel: Is it legal to record a conversation without the other person knowing in Wisconsin?
In most states, including Wisconsin, is it legal to record a conversation without the other personβs consent? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.
