Recording a conversation

[OMGVape]

if I have a private meeting with one other person, is it legal for me to record the conversation with the other person not being aware?

 

[UrbanRetail]

Journalists get away with it.

 

[billybob99]

Amazon's Alexa gets away with it.

 

[DRDR]

Don't know the legality but know that it won't hold up in court sine its just a voice recording.

 

[Lucan Unlordly]

Apologies for the thread hijack but along the same lines would publication of an altercation between two people, with one not knowing he'd been recorded, be allowable on Facebook, YouTube etc.,

 

[obscure]

Apologies for the thread hijack but along the same lines would publication of an altercation between two people, with one not knowing he'd been recorded, be allowable on Facebook, YouTube etc.,

Would there be an expectation of privacy in the situation or was it in public?

 

[The Byre]

It is what you do with any recording that is possibly circumscribed.

 

[Mr D]

Journalists get away with it.

They also appear to ask about recording before recording.
Least the times I have spoken to a journalist for a story has been so.

Whether they'd record secretly if told no...?

 

[UrbanRetail]

Journalists video/voice record people all the time without permission. Be it MPs, Business people or if I recall correctly even royalty aren't immune.

 

[alan1302]

Journalists video/voice record people all the time without permission. Be it MPs, Business people or if I recall correctly even royalty aren't immune.

Does that not come under 'public interest' though rather than what the op is talking about which I assume is not 'public interest'?

 

[UrbanRetail]

That's the pseudo excuse they use, but I suppose it's subjective. I would guess most of the general public aren't interested in or benefit from half the things they publish, but they do so anyway.

But I agree this is probably irreverent to the op.

 

[Mr D]

Journalists video/voice record people all the time without permission. Be it MPs, Business people or if I recall correctly even royalty aren't immune.

In public?
I don't recall ever seeing the royals in private so no idea what private conversations they would have with journalists.

 

[WaveJumper]

I know when I ever I have been interviewed I have all ways been asked, just always assumed short hand was a thing of the past, however the internet says:

Recording a conversation in secret is not a criminal offence and is not prohibited. As long as the recording is for personal use you don’t need to obtain consent or let the other person know.

Things change if the matter is addressed with a claim for damages or if the recordings have been shared without the consent of the participants. Even worse, if the recording is sold to third parties or released in public without the consent of the participants then this could be considered a criminal offence.

Journalists often record conversations in secret that they then publish without facing any legal problems. That is because they make sure to either obtain consent or argue that the recordings are in the public’s interest.

Hope that helps

 

[WaveJumper]

I should add if you are doing it for business reasons a whole raft other other laws come in to place:

Here is where the law gets stricter, as there are many laws in the UK to stop businesses from recording conversations. Under the Telecommunications Regulations 2000, companies can only record calls without telling you if the recording is used for monitoring or keeping a record of communications for

*establishing the existence of facts
*ascertain compliance with regulatory or self-regulatory practices or procedures
*to demonstrate the standards which are achieved or ought to be achieved by persons using the system in the course of their duties
*in the interests of national security, or for preventing or detecting crime

Any recordings on hold by a business must be relevant to that business and only used by that business. Lastly, all individuals must informed that their conversations are being recorded and all businesses that store personal information have to be registered with the Data Protection Commissioner.

 

[estwig]

The Police always seem to get away with doing it to me!

 

[Mr D]

The Police always seem to get away with doing it to me!

Perhaps start taking a small recorder with you when speaking to them?

 

[Lucan Unlordly]

Would there be an expectation of privacy in the situation or was it in public?

A heated situation in a private house that reflects well on one party as a demonstration of tact and diplomacy. That can't be said for the other party who, whilst recording the sound on his phone was being filmed by a.n.other.

 

[Lucan Unlordly]

A heated situation in a private house that reflects well on one party as a demonstration of tact and diplomacy. That can't be said for the other party who, whilst recording the sound on his phone was being filmed by a.n.other.

In other words it's a secret video recording of somebody making a secret audio recording...and getting found out!

 

[Mr D]

In other words it's a secret video recording of somebody making a secret audio recording...and getting found out!

So is filming someone who is filming you allowed?

 

[paulears]

People record all kinds of things. The issue is the context in which they are communicated. For years the cassette recorders used in interview rooms were the evidence - but for that evidence to be accepted in court, the recording needs to be able to be validated by forensic specialists = to stop people editing them to make it appear the conversation was different. The edit is quite simple to do, but the tapes have the conversation on one track and a time reference on the other, so with two copies, you can prove they have been Tampered with. Recording somebody covertly and making them say things they did not would be simple to do - but the judge would have to rule on it's acceptance. I assume the usual libel and slander rules would be the key feature. Private detectives do it, the security services do it, and youtube is full of Rec wordings of people kicking off. Nothing ever happens?

 

[WaveJumper]

People run around recording all sorts of things these days easy with the use of your smart phone but then they probably not doing it to catch someone out and later rely on this as evidence in court. The question I suppose for OMGvape is are you just trying to get a confession, admission on something over a private matter or is this business related and something that you would want to later use as evidence in a court of law if the latter this could be a whole different ball game I am sure more qualified people on here could put a stear on that outcome.

Myself over the years in another life having to present CCTV footage as evidence in a court the first thing the defence do is try to discredit your in house data protection systems and if you have not got all yours ducks in a row you can quickly be made to look pretty stupid.

At the end of the day it’s all about what you are hoping to gain or achieve by this only you will know this

 

[Chris Ashdown]

I had a problem with a salesman one time and thought once bitten is enough, so i spent about £20 on a pen with a video recorder that recorded voice at the same time onto a sd card, There was no obvious way they could see what it was along with another pen in my top pocket or facing than in a pencil holder on my desk

Not enough to stand up in court but enough to worry there bosses if needed if they told porkies