Queens County, NY Privacy & Surveillance: Recording & Consent Laws (2026)

New York Penal Law §250.00 defines eavesdropping as the unlawful wiretapping, mechanical overhearing of a conversation, or intercepting or accessing electronic communication. Under §250.05, eavesdropping is a Class E felony. However, New York follows a one-party consent rule — if you are a participant in the conversation, you may record it without notifying the other parties. This means a Queens resident can record their own phone calls, in-person conversations, and video meetings as long as they are a participant. Third-party recording (recording a conversation between other people to which you are not a party) without consent or a court order is illegal. Penal Law §250.10 covers unlawful possession of eavesdropping devices. Separate from audio recording, Penal Law §250.45 addresses unlawful surveillance — using cameras or imaging devices to view the intimate areas of a person or view a person in a place where they have a reasonable expectation of privacy (dressing rooms, bathrooms, hotel rooms). This is a Class E felony. New York CPLR §4506 makes illegally obtained recordings inadmissible in civil proceedings. Key practical implications for Queens residents: you can record your landlord during a conversation about repairs, record interactions with contractors, and use a dashcam, but you cannot record your neighbor's conversations through a shared wall.