Is it legal to record a phone conversation of someone if they don,t know they are being recorded?
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I know someone who was fired for something they said on a personal phone which was recorded over a business phone they had failed to hang up before making the second call on the personal phone. Bottom line the person said some derogatory thing about the person who they had had the conversation with on the business phone, but was it legal to make the recording?
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Answer:
It depends on which state you're in. Some states have a one party rule which means only one person needs to know about the recording. Some states have two party rules which means everyone must know. The laws about a business telephone get even more complicated in that it depends on the nature of the conversation.
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Other answers
It depends on the state. Some states only require that one party to the conversation know about the recording. I'd be willing to bet that at some point she was notified that the phones in the business were recorded.
The only thing wrong with recording another p[erson with out their consent is it can not be used as evidence in a court case. Other wise, record away.
That depends on whether the recording occured in a "one-party consent" state or an "all-party consent" state. But either way, it's probably not illegal to be fired for saying just about anything on a personal phone call, or for any reason at all that isn't discriminatory.
Not without a court order.
every state is different...
There is nothing illegal about recording a telephone conversation that you are privy to, even though, in this instance, the person making the call did not realise that the other person was still connected. (S)he can learn from this that: i.make sure that they are not overheard making derisory comments about someone ii. Have opinions but try keeping them to yourself, safer that way!
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