This guide lays out the top seven mistakes Utahns make when recording, so you can avoid them and stay compliant with Utah Code § 77-23a-4, which governs audio recordings. Follow these tips to protect your rights—and others’ privacy—when recording in Utah.
1. Forgetting Utah’s One-Party Consent Rule
Many people assume you need everyone’s permission before recording a call — but that’s not true in Utah. Under Utah Code § 77-23a-4, only one party to the conversation needs to consent.
That means if you’re part of the conversation, you can legally record it. However, if you’re not involved and try to record others without consent, you’re breaking the law.
Always remember: if you are not involved in the conversation or call, you cannot legally record it without explicit permission. That’s a federal and Utah violation.
2. Assuming All-Party Consent is Required
Unlike some states that require everyone’s consent, Utah only requires one-party consent. This means you don’t have to tell the other party you’re recording as long as you are part of the call or meeting.
While it may be polite or strategic to notify the other party, it is not a legal requirement in Utah. Knowing this helps you avoid unnecessary disputes or confusion about the legality of your recording.
3. Recording Police or Public Officials without Awareness of Additional Rules
Recording police officers in public spaces is generally legal in Utah if you comply with one-party consent rules. However, there are specific complexities about how police may respond and possible restrictions on device placement or use.
Be aware that police officers might attempt to confiscate your device or delete recordings under certain circumstances. A helpful resource explaining these issues is the YouTube video “LAWYER: How Police Get Around Your Right to Record Them”, linked below for more Utah-relevant details.
4. Not Understanding Different Rules for In-Person vs. Phone Recordings
Utah law covers all oral communications, but how you record in-person meetings versus phone calls may differ technically and legally. Recording in person usually follows the same one-party consent rule but can have practical challenges if others object or you are in a private area.
On phone calls, you may need to activate specific recording functions and understand when and whom to notify, depending on company policies or service provider restrictions.
5. Failing to Comply with Utah’s Recording Disclosure in Business Situations
If you are a Utah business recording customer phone calls or meetings, you must inform participants when required—not always by law but often to maintain trust and meet industry regulations. Even if Utah doesn’t require all-party consent, many organizations disclose recordings to stay transparent.
Failing to disclose recordings in consumer transactions or business calls can lead to complaints or even violations under Utah’s consumer protection laws.
6. Sharing or Using Recordings Without Legal Considerations
Just because you legally recorded a conversation doesn’t mean you can share or use it without consequences. Utah law restricts using recordings for illegal purposes, such as harassment, stalking, or violating privacy rights.
Be cautious about posting recordings publicly or distributing them without consent, especially if they involve sensitive or personal information.
7. Ignoring State and Local Updates on Recording Laws
Utah law can evolve, and local jurisdictions sometimes have additional rules or enforcement practices. Staying updated on legal changes or court decisions related to recordings can save you from costly mistakes.
Following Utah legal education resources like Utah Law Explained and watching relevant expert videos are good habits to keep your knowledge current.
How to Stay Safe When Recording in Utah
- Always be part of the conversation or call you want to record.
- Know that you only need one-party consent—but consider notifying others when possible.
- Respect privacy in private spaces and avoid secret recordings by third parties.
- If recording law enforcement, stay calm and know your rights, but comply with lawful instructions.
- Use recordings responsibly and avoid improper distribution.
Related Videos
Watch: LAWYER: How Police Get Around Your Right to Record Them — Learn the challenges Utah residents face when recording public officials.
Understanding your recording rights is key; this video explains common police tactics to limit your recording rights in Utah settings.
Related Instagram Posts
The below Instagram reel touches on Utah legal responsibilities and enforcement that tie into overall awareness about rights and duties related to recording and investigation.
Assistance Required?
Need help applying this to your situation? Use our Utah Law checklists and templates, or talk with a Utah attorney for advice tailored to your case. This page provides legal information, not legal advice.
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