Recording someone without their knowledge?

[Johna]

Been asked if it was illegal to record someone without their knowledge.

I know the recording would not be able to be used in court but insure about the legality of doing it.

Person involved wants to record someone in the workplace and then use it to show someone.

[Jezzerh]

Sketchy one. If it contains personal details the recording could be a breach of the Data Protection Act. If it's for litigious purposes, you'd probably be able to use it in court but it would be a matter for the judge to decide is it's admissible I think.

If it's simpler than that and it's to gather evidence against someone, it may depend on the employment contract which could contain Ts and Cs relating to this kind of thing.

[klingelton]

If they're in a public place - they have no expectation of privacy.

If they're on someone's property, then that person is perfectly at right to set up CCTV to protect their interests.

If they were setting up the camera in the victim's front room - that would be a no-no.

And this footage would be admissible in court if it caught criminal activity.

No you do not need to inform someone you're recording them, if they're in your house/business.

[10 Pence Short]

If you're recording a phone conversation without permission you'd likely fall foul of RIPA and be unable to use as evidence. If it's covert recording of a face to face conversation, that's fine.

[TheBear]

I thought that RIPA only applied to public authorities or individuals being paid by a public authority?

[Snowboy]

If it's a workplace it probably depends on whether the recording is authorised by the management.
You may end up losing your job over it.

[10 Pence Short]

TheBear said:

I thought that RIPA only applied to public authorities or individuals being paid by a public authority?

I don't think that's the case.

[Lowtimer]

I do.

[10 Pence Short]

Lowtimer said:

I do.

On which part of RIPA do you base that upon?

I see nothing regarding offences in section 1 that gives the effect of limiting them to Government employees only, for example.

Perhaps you could point me in the right direction?

[Cyberprog]

In general, as long as one of the parties in a conversation is aware it is being recorded, it's legal, IIRC.

[10 Pence Short]

Cyberprog said:

In general, as long as one of the parties in a conversation is aware it is being recorded, it's legal, IIRC.

Under s3(1) both parties must consent.

[Cyberprog]

10 Pence Short said:

Under s3(1) both parties must consent.

Could you clarify what legislation that relates to please?

[10 Pence Short]

See here:

http://www.legislation.gov.uk/ukpga/2000/23/sectio...

You might want to read the preceding sections first, though.

[anonymous-user]

Lowtimer said:

I do.

You are wrong, my dear LT, as you almost invariably are when you venture into the law. You've been sniffing too much big old BMW paint, blokey!

RIPA does apply to tape recordings of phone calls by individuals.

Edited by anonymous-user on Monday 24th March 12:10

[Jasandjules]

Cyberprog said:

In general, as long as one of the parties in a conversation is aware it is being recorded, it's legal, IIRC.

Face to face yes, over electronic media not so much.

[Moonhawk]

10 Pence Short said:

Under s3(1) both parties must consent.

Does the person continuing the conversation after being informed it is being recorded imply consent.

I'm guessing it must do based on the message "this call is being recorded for training and monitoring purposes" you get when calling your bank etc. I have never been asked explicitly if I consent to a telephone call being recorded.

[Cyberprog]

10 Pence Short said:

See here:

http://www.legislation.gov.uk/ukpga/2000/23/sectio...

You might want to read the preceding sections first, though.

Cheers, I thought RIPA only applied to Public Bodies and the like though?

[anonymous-user]

You thought wrong, as explained above. Most of RIPA does not apply to Joe Bloke, but the bit about taping phone calls does.