Is it legal to record a job interview? Consent rules for recruiters

Can you legally record a job interview?

Recording interviews gives interviewers an accurate record and makes AI interview notes possible. But recording a conversation is regulated almost everywhere, and job interviews add another layer: you're collecting personal data about someone applying to work for you.

There are three sets of rules to think about:

1. Recording and wiretap laws, which decide whose consent you need to record a conversation at all.
2. AI-specific hiring laws, which add notice and consent duties when software analyzes an interview.
3. Data protection laws, which govern how you collect, use, store and delete the recording.

What is the difference between one-party and all-party consent?

US recording laws fall into two broad groups:

• One-party consent: a conversation can be recorded if at least one participant consents. If you're in the conversation, your own consent is enough. Federal law follows this rule, as do most states.
• All-party (or two-party) consent: everyone in the conversation must consent before it's recorded.

So recording a candidate without telling them might be legal in one state and illegal in another, and you rarely control where the candidate is sitting.

Which US states require all-party consent?

State laws differ in their details, and courts don't always read them the same way, but these states are commonly listed as requiring the consent of everyone in the conversation:

When a call crosses state lines, say a recruiter in Texas and a candidate in California, assume the stricter law applies. Penalties can include criminal charges and civil damages, so plan for all-party consent on every interview.

Does using AI to analyze interviews change the rules?

Yes, in some places. Recording law asks whether you may capture the conversation; AI laws ask what you must tell candidates when software evaluates it. Three examples employers commonly run into:

Illinois: the Artificial Intelligence Video Interview Act

Illinois's Artificial Intelligence Video Interview Act (820 ILCS 42), in force since January 1, 2020, applies when an employer asks applicants to record video interviews and uses AI to analyze them, for positions based in Illinois. Before the interview, the employer must:

• Tell the applicant that AI may be used to analyze their video interview
• Explain how the AI works and what general types of characteristics it uses to evaluate applicants
• Get the applicant's consent to be evaluated by the AI

Videos may be shared only with people needed to evaluate the applicant, and must be deleted, including copies, within 30 days of an applicant's request. Even where a live interview isn't strictly covered, it's a sensible model to follow.

New York City: Local Law 144

New York City's Local Law 144 regulates automated employment decision tools: software that produces a score, classification or recommendation used to substantially assist or replace discretionary hiring or promotion decisions. Since enforcement began on July 5, 2023, employers using such a tool for candidates who live in the city must have it bias-audited by an independent auditor within the past year, publish a summary of the audit, and notify candidates at least ten business days before the tool is used.

Whether a tool counts depends on how you use it: notes an interviewer reads before deciding are different from a score that automatically screens candidates out. If you hire in New York City, get advice on where your process falls.

European Union: the AI Act

The EU AI Act classifies AI systems used in recruitment and selection, for example to filter applications or evaluate candidates, as high-risk. Providers and the employers using them face obligations including human oversight, transparency and record-keeping. These were due to apply from August 2, 2026, but 2026 amendments known as the Digital Omnibus on AI moved the date for this category to December 2, 2027.

Some parts already apply. Since February 2025 the Act has banned AI that infers people's emotions in the workplace, and the European Commission's guidelines indicate this covers job candidates too. Don't use tools that claim to read candidates' emotions from their face or voice in the EU.

What do data protection laws require?

Wherever you hire, an interview recording is personal data, and so are the transcript, notes and scores derived from it. Data protection laws don't usually ban recording, but they control how you do it.

GDPR (EU) and UK GDPR

• Lawful basis: employers often rely on legitimate interests or consent. Regulators are skeptical that an applicant's consent is always freely given, so document your reasoning.
• Transparency: before the interview, tell candidates what you record, why, who sees it and for how long.
• Retention: keep recordings only as long as you need them.
• Candidate rights: candidates can request their recordings, transcripts and notes, and can often ask for deletion.
• Automated decisions: Article 22 limits significant decisions based solely on automated processing, so keep a person responsible for the hiring decision.

India: the DPDP Act and Rules

India's Digital Personal Data Protection Act, 2023 is being brought into force through the DPDP Rules, 2025, notified in November 2025. Most core duties, including detailed notice and consent requirements, apply about 18 months after notification, around May 2027, so build clear notice and consent into interview invitations now.

How do you ask a candidate for consent to record?

Consent works best in two steps: in writing before the interview, and verbally at the start of the recording.

1. In the invitation, say the interview will be recorded, why, who will see it and how long you'll keep it, and link to your privacy notice.
2. At the start of the call, ask again before you press record, then ask the candidate to confirm on the recording.
3. Offer an alternative. If a candidate says no, take notes manually instead, and don't hold it against them.
4. Log the consent on the candidate's record, with the date.

Can a candidate record the interview?

Candidates are subject to the same laws. In a one-party consent state, a candidate may be able to record legally without telling you; in an all-party state, they can't. Either way, conduct every interview as though it might be heard later.

How long should you keep interview recordings?

Long enough to make and defend the decision, and no longer. Two reference points:

• US federal recordkeeping: the EEOC requires private employers to keep hiring records for at least one year from when the record was made or the decision was taken, whichever is later, and longer if a discrimination charge is filed (29 CFR 1602.14).
• Data protection: under laws such as the GDPR, you should keep personal data only as long as necessary for its purpose, and say how long that is in your privacy notice.

Many employers keep the summary, scores and notes for the retention period and delete the raw audio sooner. Whatever you choose, write it down and apply it consistently.

Interview recording compliance checklist

• Know where your interviewers and candidates are located
• Default to all-party consent for every interview
• Disclose the recording and any AI analysis in the invitation
• Get verbal consent again at the start of the recording
• Offer a no-recording alternative without penalty
• Limit access to people involved in the hiring decision
• Set and document a retention period, then delete on schedule
• Keep a person responsible for every hiring decision

How does Hyre Mate handle interview recording?

Hyre Mate only records when you start a recording yourself, in your browser. You choose your microphone or a browser tab with a video call, and your browser asks you to grant access before anything is captured. No bot joins the meeting, so the candidate won't see an extra participant, which is exactly why you should tell them yourself.

Recordings are uploaded over HTTPS and processed into a transcript, AI notes and scores, and you can delete interviews, candidates and jobs. Hyre Mate doesn't collect consent from candidates on your behalf: that's your responsibility as the employer. See our security page and privacy policy for details.