You Can Record Someone In Idaho Without Their Permission

Wouldn't it be nice if you could somehow catch that person that's be harassing you on the phone? What if you could catch someone lying red-handed because you had audio evidence they couldn't talk themselves out of? Wouldn't that be lovely?

Well, guess what? It's totally legal in Idaho to record your phone call with someone else, and you don't even need their permission!

Yes, this is real. There's currently some drama surrounding Kootenai County's Board of County Commissioners involving a party being recorded on the phone without their permission, and that recording later being used to share private conversations.

Without boring you with all the details, the person who recorded the phone calls in question is not guilty of any crime, and isn't facing any charges.

Why? Idaho requires what's called "one party consent" to create an audio recording. So, if you agree to record yourself and the other person, you legally are not required to let the other party know you are recording the phone call. Scary, right?

If you head slightly West to the state of Washington, their rule is more what you'd suspect: Both parties must consent to being recorded on a phone call. Which, honestly, we assumed that was the law here in Idaho as well!

What's your take? Should it be legal to record a phone call without letting the other person know they're being recorded the entire time? Or is it your right to record any and all phone calls that you're on, simply because you give yourself permission to do so? Let's chat.