Recording Law for Phone & Video Calls in Louisiana

Louisiana is a one-party consent state, which means you can legally record any phone call or video call (like Zoom or FaceTime) you’re part of without telling the other people. The law that covers this is Louisiana’s Electronic Surveillance Act, found at La. Rev. Stat. Ann. § 15:1303. That law says it’s not illegal to intercept a "wire, electronic, or oral communication" if you’re a party to the conversation or have the consent of one party. Since you’re one of the people talking, your own consent is enough. The same rule applies whether you’re recording a regular phone call, a video call on Zoom, or a group chat on Teams. The law doesn’t make a difference between these types of calls — they all fall under the same one-party consent rule. The only time this wouldn’t apply is if you’re recording for an illegal purpose, such as committing a crime or a tort while you record, or if you’re using the recording to commit an injurious act.

If you’re only recording video without capturing any audio, Louisiana law doesn’t restrict that at all. The wiretap statute only covers communications that include sound — "wire, electronic, or oral communication" all require an aural component by definition under La. R.S. 15:1302. So recording silent video of a public event, a police interaction, or a meeting where no one expects privacy is unrestricted. Just be careful: Louisiana’s video voyeurism law (La. Rev. Stat. Ann. § 14:283) can still apply if you’re recording someone in a place where they have a reasonable expectation of privacy, like a bathroom or a changing room. But in public or semi-public places, silent video recording is allowed without anyone’s consent. The video voyeurism statute targets non-consensual image or video capture where the subject is in a place where they have a reasonable expectation of privacy, and it carries a lewd or sexual-gratification element in most of its operative clauses. It would not reach video-only recording of a public dispute, a police interaction, or other real-world incidents in public or semi-public places, since no reasonable expectation of privacy exists there.

Louisiana courts follow the Fifth Circuit’s rule that recording on-duty police officers in public is protected by the First Amendment, as long as you’re not interfering with their work. The case Turner v. Driver, 848 F.3d 678, 688–89 (5th Cir. 2017), makes clear that this right exists, subject only to reasonable time, place, and manner restrictions. Since you’re a party to the interaction, Louisiana’s one-party consent law at La. R.S. 15:1303(C)(4) also allows you to record the audio of that conversation. But be aware of a 2024 Louisiana law that made it a crime to stand within 25 feet of a police officer after being ordered to stop approaching. That law was preliminarily blocked by a federal judge in January 2025 as unconstitutionally vague, so it’s not enforceable right now. Always check the latest status before relying on this buffer rule, as the injunction remains in effect pending further litigation.

Louisiana’s wiretap law only protects conversations where someone has a reasonable expectation that their words won’t be overheard. The law defines an "oral communication" at La. R.S. 15:1302(17) as "any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation." This is a two-part test adopted by Louisiana courts: first, did the speaker actually expect privacy, and second, would society recognize that expectation as reasonable? The Louisiana Supreme Court embraced this Katz/Harlan framework in State v. Reeves, 427 So. 2d 403 (La. 1983). For example, a loud argument on a public street where bystanders can easily hear doesn’t meet this test, so the conversation isn’t protected by the wiretap law. But a quiet conversation in a private home or office where others aren’t present does meet the test. If the conversation is protected, you need at least one party’s consent to record — which you always have if you’re part of the call.

Louisiana’s 2026 Data Privacy Act (LDPA), effective January 1, 2027, adds new rules for biometric data. Under La. R.S. 51:1780.1–51:1780.5, "biometric data" includes a voiceprint when used to identify a specific individual, but raw audio alone isn’t automatically biometric data unless it’s processed to identify someone. The law requires controllers to obtain consent before processing biometric data classified as "sensitive data" (La. R.S. 51:1780.1(29)(b)), and it mandates a clear opt-in rather than an opt-out. "Consent" is defined as a clear affirmative act signifying a consumer’s freely given, specific, informed, and unambiguous agreement to process personal data, and it expressly excludes acceptance in a general or broad terms of use. The Attorney General enforces the law, with a 30-day cure period from January 1 to July 31, 2027. The law applies only to entities doing business in Louisiana meeting one of three thresholds: annual gross revenue over $25 million, annual processing of personal data of 75,000+ consumers/households/devices, or deriving 50%+ of annual revenue from selling personal data. Businesses that sell biometric data must post a specific notice: "NOTICE: We may sell your biometric personal data." There is no private right of action; enforcement is solely by the Attorney General.

Imagine you’re a manager in Louisiana hosting a weekly Zoom meeting with your team to discuss project updates. One of your employees, Alex, is upset about a recent decision and starts criticizing your leadership in front of everyone. You want to record the meeting to review what was said later. Under Louisiana law, you can do this without telling Alex or anyone else. Since you’re a participant in the call, your consent is enough under La. Rev. Stat. Ann. § 15:1303. The same rule applies if you’re recording a one-on-one coaching session or a large team training. Just make sure you’re not recording for an illegal purpose — like gathering blackmail material or committing some other crime while you record.

Recording someone without their consent in Louisiana can be a felony under La. Rev. Stat. Ann. § 15:1303. The penalty is 2 to 10 years imprisonment at hard labor and a fine of up to $10,000. There’s also a civil remedy: if someone sues you, they can recover damages of at least $100 per day or $1,000, whichever is greater, plus attorney’s fees under La. R.S. 15:1312. This applies even if you didn’t realize you were breaking the law. The law also makes it a separate crime to use or share the recording if you knew it was illegally obtained. So if you record someone without consent and then post the recording online, you could face both criminal penalties under § 15:1303 and civil liability under § 15:1312. The statute’s civil damages provision authorizes recovery of actual or liquidated damages of $100 per day or $1,000, whichever is greater, plus reasonable attorney’s fees.