Pennsylvania recording consent law for interviews: prior consent from everyone

Pennsylvania requires the prior consent of everyone on a call or in a private conversation before it is recorded. The exception that applies to private persons, 18 Pa.C.S. § 5704(4), makes interception lawful only "where all parties to the communication have given prior consent to such interception," and that covers phone, video and in-person interviews alike. As of October 2026, unlawful interception is a felony of the third degree, punishable by up to seven years in prison and a $15,000 fine, and the person recorded can sue for at least $1,000. The practical rule: say you are recording or transcribing, and get a yes from everyone first.

For a specific call between two states, try the consent checker.

This page covers the statutory text and definitions, what "prior consent" from "all parties" means in an interview, how recent amendments do and do not change things, penalties and the evidence rule, calls to New Jersey, New York, Ohio and Maryland, and a consent line.

What does Pennsylvania's Wiretap Act require?

The offense is in § 5703: "Except as otherwise provided in this chapter, a person is guilty of a felony of the third degree" if they intentionally intercept, or procure someone else to intercept, "any wire, electronic or oral communication," or intentionally disclose or use the contents knowing or having reason to know they came from an interception. Section 5704(4) is the exception a recruiter needs, and it needs everyone.

The definitions in § 5702 decide what is covered:

"Aural or other acquisition" is why a transcript counts. A tool that turns the conversation into text is acquiring its contents through a device, even if no audio file is kept.

What does "prior consent" from "all parties" mean in an interview?

• Prior means before capture starts. If your software begins capturing as soon as you join, either start it after the candidate agrees or open with the question so the first thing recorded is the question and the answer, and delete those seconds if the answer is no.
• All parties means all. On a panel, every interviewer must agree as well as the candidate. A Pennsylvania interviewer on a panel run from another state is still a party whose consent counts.
• Late joiners. A person who joins after the question was asked has not consented. Pause and ask again.
• A clear yes beats silence. A spoken yes, captured at the start, is the simplest proof of prior consent if anyone later disputes it.

The exceptions people sometimes misread as covering business calls, such as the telephone marketing and customer service exception, are covered in detail in Pennsylvania wiretap law for interviews. None of them fits a candidate interview.

Does it cover phone, video and in-person interviews?

Have recent amendments changed anything for interviews?

Two recent changes show up in the statute's history notes, and neither touches interview recording:

• Act 53 of 2023 added § 5704(19), which lets "a person" intercept the wire communications of "a telemarketer, telemarketing business or an individual or entity that initiates robocalls," provided "the person who received the telephone call has consented," for enforcing federal and state consumer laws. It is a one-party rule for consumers fighting unwanted calls, not for employers.
• Act 53 of 2025 amended the definition of oral communication in § 5702, in the part that excludes communications made in the presence of a uniformed or clearly identifiable law enforcement officer using an approved recording device. It concerns police recording.

The existing telephone marketing and customer service exception, § 5704(15), is also narrower than it looks: it is limited to "training, quality control or monitoring," the recordings may be used only for those purposes, and they "shall be destroyed within one year from the date of recording" unless law requires otherwise. The all-party rule in § 5704(4) is the one that governs interviews.

What are the penalties in Pennsylvania?

• Prison. A felony of the third degree carries a term "not more than seven years" under 18 Pa.C.S. § 1103(3).
• Fine. Up to "$15,000, when the conviction is of a felony of the third degree," under § 1101(3).
• Disclosure and use. Graded the same as interception. Forwarding a recording to a client, knowing or having reason to know it was made unlawfully, is a felony on its own.
• Civil. Under § 5725, "Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation, or $1,000, whichever is higher," punitive damages, and attorney's fees.
• Evidence. Under § 5721.1(b), an aggrieved person who is a party to "any proceeding in any court, board or agency of this Commonwealth" may move to exclude the contents of a communication, and evidence derived from it, if it was intercepted without a § 5704 exception or a court order.

The evidence rule reaches boards and agencies, not only courts. If a hiring decision is later reviewed by a state agency, an interview recorded without everyone's consent may be excluded rather than help you show what was said.

What if the candidate is in New Jersey, New York, Ohio or Maryland?

Pennsylvania sits between one-party and all-party neighbors. New Jersey, New York, Ohio and West Virginia allow a participant to record. Maryland requires every party's prior consent, and Delaware has two statutes that conflict, so plan for all-party there. The busiest border is the Delaware River: a recruiter in Cherry Hill calling a candidate in Philadelphia is a participant under New Jersey law and is recording a person Pennsylvania protects. See New Jersey recording consent law for interviews for the other side of that call. Courts have not always applied Pennsylvania's rule to recordings made elsewhere, and other states' courts use their own tests, so plan for the stricter rule; the approaches are in recording calls across state lines, and the all-party states are listed on two-party consent states.

Recording law is only the first question. AI scoring and notice rules that apply on top of it are summarized in is it legal to record a job interview.

A consent line for Pennsylvania interviews

"Before we get into it: I'd like to [record / transcribe] our
conversation so I have accurate notes for the [role] position. The
other interviewers have agreed. It's used only for this role, seen by
[who], and kept for [period]. If you'd prefer I didn't, just say so and
I'll take notes by hand; it won't affect your application.
Is that OK with you?"

[Clear yes: start. No or unclear: capture stays off.]

Strict versions that capture the answer on the record, plus panel and email wording, are in the interview recording consent script.

Checklist for interviews with a Pennsylvania end

1. Get every party's consent before capture starts, by phone, video or in person.
2. Ask again when someone joins late.
3. Treat transcripts and AI notes exactly like audio recordings.
4. Do not rely on the telemarketing, customer service or consumer exceptions.
5. Do not forward or quote a recording you are unsure was made with consent.
6. Date the policy and recheck it after each legislative session.