Recorded conversations

[Questioner01]

Hi, can anyone tell me what the law is, in the UK, for a person tape recording conversations without the other persons knowledge or permission?

This has happened between 2 members of a family. ! has recorded the other without the others knowledge.

Please advise the legal side of this situation if you can. Thank you.

[fo3nix]

I believe it's illegal.

[dzug]

What are the recordings to be used for? Even if the actual recording is not illegal, there may be no legal purpose to which it can be put.

[Questioner01]

It is not being used in any courts or what not, but the person who has done the recording has used them to cause a war in the family. Its just general back biting and what not. The person who has been recorded though is thinking about seeing a solicitor to find out if any legal action can be taken. I am trying to find out if he will be wasting his time or not.

[Buenchico]

There are certain times when recording a conversation is illegal. e.g. it's illegal to record a telephone conversation, without the knowledge of the person(s) being recorded. Using radio 'bugs' to record conversations is also illegal but this is because the 'bugs' are not licensed to transmit radio signals - it has nothing to do with the actual conversation. In general, however, the covert recording of conversations is perfectly LEGAL.

I used to be a union rep and I've also served on all sorts of committees. I've ALWAYS covertly recorded EVERY meeting I've ever attended. Also, I always carry the recorder in my pocket and even record pub conversations if I think that someone will later deny something that they've said. I've annoyed a great number of people over the years when I've used the recordings to prove that they've lied or tried to distort the truth but I stand by my right to make the recordings. Whether you (and your family members) like it or not, the person who's made the recordings has done nothing illegal.

Chris

[fo3nix]

I'm with Buenchico there. I made the assumption that the conversation was over the phone.

[Questioner01]

The recording was a conversation over the telephone, using a dictaphone apparently. I don't know what is on the recording myself, but the person that has been recorded is just trying to find out if he can do anything about it. I don't know an awful lot regarding it really, just that a family member (who is apparently spiteful and devious) has recorded the telephone conversations with him (supposedly edited too) and is playing them to other family members to try and turn the family against him and its causing some major rows. I just feel for him and thought I could try and find anything I can out for him. Thanks for your responses.

[wendilla]

This may not answer your question but just an example when recording a conversation helped. My daughter hit the back of a car while the other driver switched lanes approaching a roundabout and no signal. At the scene he admitted it was his fault but because my daughter hit him his insurance advised him to change his statement.I told my daughter to ring him and get him to admit to this which he did and he told her his insurance told him to say he had signalled. So because my phone can record a 2 way conversation we did this then taped it on to a casette,sent a copy to her insurance company .So this is where a recording can help and my daughter was in the right all along and he was done for reckless driving.

[ugly_bob]

I'm surprised the insurance company took any notice. It is illegal to record a telephone conversation unless both parties know.

[wendilla]

Well they did and if we had had 100% proof that the other party's insurance had said this we could have taken the matter further but it was enough to prove my daughter was in the right .

[stoo_pid]

There are many regs governing recording of phone conversations, including:

• Regulation of Investigatory Powers Act 2000 (RIPA)


• Data Protection Act 1998


• Telecommunications (Data Protection and Privacy) Regulations 1999


• Human Rights Act 1998
  

Under these regs it is not illegal for an individual to tape their own phone conversation without telling the other person. But it is illegal to make the contents of the conversation available to a thrid party without the consent of the other person.

So, yes, that particular family member has broken the law by playing it to other people without your friend's permission. Whether a solicitor would be interested in a domestic issue or even whether you could prove he or she didn't have permission, is another matter.

[Questioner01]

Thank you all for your help. I hope this advise will help my friend or just put his mind at rest. Cheers.

[mandie73]

it is illegal and couldnt be used as evidence.

[stevie21]

Dear Jesus, Buenchico - you sound like a right livewire to have around the pub!

[marcus5771]

I think its too cover the telephone operator on what they say. Also if the caller is rude.