Can candidates record an interview or bring their own AI note taker?

Candidates are bound by the same recording laws as interviewers. Under federal law and in most states, a candidate may record an interview they take part in; in all-party consent states, such as Washington, recording a private conversation needs everyone's consent, and an AI note taker that captures the conversation counts. Separately from the law, the employer runs the interview and can set a policy: allow candidate note takers with disclosure, or decline them and offer an accommodation route for candidates who need one. Whatever you choose, put it in the invitation and apply it to everyone. Rules below are as of October 2026.

For the reverse question, your own recording of the candidate, see is it legal to record a job interview and is it legal to use AI note takers in interviews.

Is it legal for a candidate to record a job interview?

The starting point is the same for both sides of the table:

• Federal law is one-party consent. Under 18 U.S.C. 2511(2)(d), it is not unlawful for a person "to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent", unless it is done to commit a criminal or tortious act. A candidate on the call is a party.
• Some states require everyone's consent. Washington's RCW 9.73.030, for example, makes it unlawful to record a private communication or conversation "without first obtaining the consent of all" participants. The same statute treats consent as obtained when one party announces to everyone, in any reasonably effective manner, that the conversation is about to be recorded, and the announcement is itself recorded.
• Interviews often cross state lines. The candidate rarely knows where each panel member is sitting. The two-party consent states list shows which states require everyone's agreement. The practical answer is the same for candidates as for interviewers: say it and get agreement before you record.

Does an AI note taker count as recording?

Treat it as recording. A note taker captures the contents of the conversation to transcribe it, whether or not it keeps the audio, and many send it to a cloud service. AI note takers that join meetings are now the subject of litigation. In In re Otter.AI Privacy Litigation, No. 5:25-cv-06911 (N.D. Cal.), plaintiffs allege that the Otter Notetaker joins Zoom and Microsoft Teams meetings as a "silent participant" and records and transcribes conversations without the consent of all participants, and that voiceprints and conversation contents are retained, including to train models. These are allegations, not findings. On August 13, 2026, the court granted Otter's motion to dismiss in part, with leave to amend some claims, and denied it in other respects; Otter filed an answer on September 17, 2026, and the case was pending as of October 2026.

For an interview, the point is narrower: when a candidate's note taker joins, your interviewers are the ones being recorded, and their words go to a service you have not vetted.

Can an employer refuse to let a candidate record or use a note taker?

Generally yes. You run the interview and can set its ground rules, the way you set rules about who attends. Some employers publish theirs. Thoughtworks' AI policy for recruitment, for example, says that "candidates are not permitted to use personal AI notetakers or recording tools during interviews," explains that its interviewers use an internal notetaking tool, and asks candidates who need a notetaking aid or assistive technology because of a disability or medical condition to contact their recruiter before the interview (as of October 2026).

That last step matters. Two limits apply to any refusal:

• Accommodation. The EEOC's page on job applicants and the ADA explains that reasonable accommodation covers changes to the application process so a qualified applicant with a disability can be considered. A candidate with a hearing, attention or memory-related disability may need captions, a transcript or notes. See neurodivergent interview accommodations.
• Consistency. The rule has to apply to every candidate for the role. Allowing one candidate's note taker and refusing another's, without a documented reason, invites a discrimination claim.

What should your policy say?

There are three workable positions. Pick one per company, not per interviewer.

A paragraph for the interview invitation:

Recording and note-taking
You are welcome to take your own written notes. Please do not record the
interview or use an AI note taker or meeting bot during it. [Our
interviewers use a note-taking tool, and we will ask for your agreement
at the start of the call.]
If you need captions, a transcript, written questions or another
adjustment for any reason, including a disability, tell [recruiter name]
before the interview and we will arrange it.

The interview recording policy template covers the internal side: who may record, retention and access.

What should the interviewer do when a candidate's bot joins?

1. Pause before the first question. "I can see a note taker has joined. Is that yours?"
2. State the policy neutrally. "We ask candidates not to record or use note takers in our interviews, so I'll ask you to remove it. You're welcome to take your own notes."
3. Offer the accommodation route. "If you need it for accessibility, tell me and we'll sort out an arrangement that works, including rescheduling if that's easier."
4. Remove it if needed, using the meeting host controls. Do not continue with an unexplained bot in the meeting.
5. Note it factually, then move on. "Candidate's note taker joined; candidate removed it when asked." Do not score the candidate on it; a candidate who has used these tools in every other meeting this week has done nothing wrong.

If your policy allows candidate note takers, the script is shorter: confirm whose tool it is, and say on the record that everyone agrees to it, which also covers the announcement approach that statutes such as Washington's recognize.

Can you always tell when a candidate is recording?

No. Built-in recording is controlled by the host's platform: Microsoft's help page on recording a Teams meeting says someone who is a guest or from another organization cannot start or stop a recording, and that everyone is notified when recording starts. But a tool that captures audio on the candidate's own computer never appears as a participant. We make Interview Signal, a note taker that works this way for interviewers; candidates have similar tools. A policy you state up front, and a direct question when in doubt, do more than any technical control. See what is a bot-free AI note taker for how these tools work.

How is a note taker different from getting AI help during the interview?

A note taker records and summarizes. A real-time answer assistant listens to your question and feeds the candidate a response to read out. Most employers can comfortably allow the first and ban the second, but from the interviewer's side they can look alike. Write the two rules separately, and handle suspected answer assistance through your policy on candidates using AI in interviews; the AI interview cheating tools page explains what the assistance tools do.

What if both sides want to record?

Then both need consent, and the simplest route is one conversation at the start: your consent line for your tool, the candidate's request for theirs, and agreement from everyone on the call. The interview recording consent script has wording you can extend to cover a candidate's tool. If you allow the candidate's recording, consider whether interviewers should avoid discussing anything confidential, and whether you want a copy.