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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can a council officer ban audio recording of a meeting with

Customer Question

Can a council officer ban audio recording of a meeting with them-we are council tenants and there is an allegation made by another council tenant which we had to discuss at the meeting; initially the council officer stated as a reason sensitivity of the information; we stated that everything we were going to discuss at the meeting was already known to us and there was no order preventing us from making the information public if we wanted to; the council officer than stated as a reason that the audio recording could be tempered with;
the officer then said that if we went ahead with the recording the meeting would not take place;
May I please ask you whether in this instance the council officer has acted within current legislation
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Its not against the law to refuse to continue unless all audio devices are switched off. Nobody can force a person to agree to being recorded.

Equally it would not be against the law to record such a meeting. There are restrictions upon in what way such a recording could be played back but not beyond that.

On your main point though, there is nothing that prohibits him from demanding that all devices are switched off and in default refusing to continue.

I'm very sorry if this is bad news.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

Hello Jo,


 


Thank you for your reply.


Would it not be against the law to audio-record secretly and could such a recording be used as evidence in Court proceedings?


 


Maria


 

Expert:  Jo C. replied 2 years ago.

Its not against the law per se but there are restrictions upon playing it back.

That is why companies usually tell you if you are being recorded.

You have to make an application to introduce it in court proceedings but, quite frankly, I am a criminal specialist of long standing and people are always making covert recordings and I have never yet seen a court even consider refusing it on the basis the person didn't know they were being recorded. If a person did know that then they probably wouldn't have admitted that they lied in a S9 statement about an allegation of rape, or that they regularly supply Class A drugs etc.

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