Recording Law for Phone & Video Calls in Montana

Montana makes it illegal to record a conversation using a hidden electronic or mechanical device without the knowledge of all parties. The law does not hinge on whether the conversation is private, sensitive, or happening in public; it hinges solely on whether the recording device is hidden. If your recording device is openly visible and not concealed, the law does not require anyone’s consent to record. The statute itself says it is unlawful for a person who "records or causes to be recorded a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation ... without the knowledge of all parties to the conversation."

If your device is hidden, Montana’s law requires all parties to know about the recording unless one person gives a clear warning. Once someone announces the recording, Montana law treats it as if everyone knows, because the statute provides that "persons given warning of the transcription or recording. If one person provides the warning, either party may record." So if you’re using a hidden device, announcing the recording satisfies the law’s knowledge requirement. This rule applies to in-person conversations and to conversations captured "by use of a hidden electronic or mechanical device that reproduces a human conversation" alike.

Recording video without audio is not restricted by Montana’s main recording law. The statute targets conversations captured by hidden devices, and silent video with no audio isn’t a "conversation" under that law. A separate statute restricts surreptitiously recording the "sexual or intimate parts" of a person in a public place where they have a reasonable expectation of privacy, but that only applies to specific situations like hidden voyeurism. For ordinary video calls where no audio is recorded, Montana places no limits on recording.

Montana has no law stopping you from recording police officers performing their official duties in public. Courts in the Ninth Circuit, which includes Montana, have ruled that the First Amendment protects the right to record police actions in public. The statute that restricts hidden recordings doesn’t apply when the device is openly visible, and police performing public duties in public are not engaged in a private "conversation" being covertly captured. This means you can record police interactions in public places without breaking Montana law.

Recording in a truly public space — like a sidewalk, park, or retail store floor — is allowed if your device is openly visible. But some places that feel public are actually secluded, like a restroom stall, changing room, or a private office with the door closed. In those spots, even with a visible device, Montana’s constitution protects a "right of individual privacy" that could support a civil claim if someone argues they had a genuine expectation of privacy. The criminal law doesn’t cover these cases, but a court could still consider them under privacy law. Always announce recording in secluded areas to reduce legal risk.

Imagine you’re on a Zoom call with a coworker to resolve a disagreement. You’re wearing a headset with a small microphone visibly clipped to your shirt. Because the device isn’t hidden, Montana law doesn’t require your coworker’s consent to record the call. If you later need the recording as evidence, you can use it without legal trouble. But if you were secretly recording the call using software that doesn’t show the recording indicator, you’d need to announce it first — or risk breaking Montana’s law.

Montana’s main recording statute does not create a home-specific exception, but a separate offense under § 45-5-223 criminalizes surreptitiously watching or recording an occupant of a private residence without their knowledge. This provision is aimed at covert surveillance inside a home, not at openly recording an incident that happens to occur inside a residence with the occupant’s awareness. Penalties under § 45-5-223 escalate with repeat convictions up to 5 years and a $10,000 fine on a third-or-subsequent conviction.

Montana’s Consumer Data Privacy Act (MCDPA) requires consent before processing "sensitive data," which includes "the processing of genetic or biometric data for the purpose of uniquely identifying an individual." However, the MCDPA’s definition of "biometric data" expressly excludes raw audio or video recordings unless that data is generated to identify a specific individual. For smartglasses that merely capture and store audio or video without extracting identifiers, the MCDPA does not impose additional consent duties. The Act only applies to controllers meeting the § 30-14-2803 thresholds (≥25,000 Montana consumers, or ≥15,000 with >25% gross revenue from data sales), so smaller-scale deployments may fall outside the statute entirely. Enforcement is exclusively by the Attorney General, with civil penalties up to $7,500 per violation.