Requires notification of all parties to record in-person communication

House Bill 410 enacts a new Chapter 7 within Title 9 of the Louisiana Revised Statutes (R.S. 9:2790.1 through 2790.4), creating an all-party consent requirement for recording in-person communications. The legislation prohibits any individual from using a device to record or transcribe a direct conversation with another party unless all parties to that conversation are specifically informed that the conversation is being recorded. The bill establishes that a direct conversation means in-person oral communication directed to a specific individual or individuals under circumstances where a reasonable person would not expect the communication to be recorded or transcribed.

The practical effect of this law extends to most private communications between individuals in Louisiana. Citizens, employees, contractors, and others engaged in face-to-face conversations cannot lawfully record or transcribe those conversations without informing all participants. However, the law carves out several important exceptions: recordings of public or semi-public meetings, law enforcement activities, emergencies or situations documenting criminal conduct, public officials performing official duties in public places without a reasonable expectation of privacy, and recordings of law enforcement officers performing official duties in public places where the person recording has a legal right to be (provided the person does not physically interfere with law enforcement activity). Violators face civil liability including court costs and reasonable attorney fees as ordered by the court, creating a private right of action for individuals harmed by unauthorized recording.

This legislation operates within the framework of existing Louisiana privacy law, particularly the Electronic Surveillance Act codified in R.S. 15:1301 through 1318, and the bill explicitly provides that its provisions shall not limit, modify, expand, or supersede that Act. The legislative findings indicate the law is grounded in protection of privacy interests recognized under both the U.S. Constitution and the Louisiana Constitution. Louisiana has historically been a one-party consent state for recording conversations, meaning only one party to a conversation needed to consent to recording; this bill shifts toward an all-party consent standard for in-person direct conversations, aligning with the approach taken in thirteen other states.