Legal Eagle Q&A: Recording Telephone Conversations

August 28, 2016 by Melinda Giles

Question:  Can I record a telephone conversation with someone without them knowing, and then use that as evidence against them?

Answer: Unless the person recording notified the other party they were being recorded, it is technically illegal. However, exceptions exist for a “memoire aid”, in other words if you are taking notes and the other person knows you are taking notes or if you suspect the other party is going to divulge information of an illegal or criminal nature and you are seeking to catch them out. Even then there can be problems if the recording is used as evidence.

Employers are allowed to record their employees conversations.

This article is by Melinda Giles at Giles Wilson Solicitors
** Shortlisted for Solicitor of the year in Private Practice at The Law Society Excellence Awards 2016

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