Saturday, October 31, 2009

Is it legal for someone to record a conversation and use it against you?

a conversation which was part official has been recorded and the person is threatening me with it is this legal
Answer:
It can be used against you as long as you had full knowledge that you were being recorded.
I don't see why it would be illegal. That's why you have to watch what you say and to whom.
It depends on the state. In Texas, as long as one party consents to the taping then it is not illegal. So, if you say something you do not want anyone else to know and you live in Texas, be very careful because anyone can tape you. On the East coast, there are several states that do not allow taping unless both parties know.
If you were aware that the conversation would be taped and consented to the taping of the conversation, it is legal. If not, then it is illegal (wiretapping).
if you had no idea you were being recorded, then no, it can not be used against you. the only way, if for you to have said, on the tape, that you know you are being recorded, and you agree with it.
If you were informed that your conversation was being recorded then the recording can be used against you. That is why when you call up a company for support or questions they often have a prerecorded message saying, "This phone call may be recorded for training purposes." While they may use your conversation for training they can also use that in court if you make any threats or similar comments.

It is easy to copy a telephone conversation without the person's permission. A magnetic coil on the receiver, a bug in the phone itself or a direct tap on the phone lines. The later two forms can be used by law enforcement as a court ordered wiretap and so those recording can be used in a court.

However, it the phone recording is made without a court ordered wiretap, or without the knowledge of the person being taped is illegal.

No comments:

Post a Comment

Blog Archive

vc .net