How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3652
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

is it legal to record conversations using a Dictaphone in the

Resolved Question:

is it legal to record conversations using a Dictaphone in the home without the other persons consent (and then threaten to use the tapes in court)
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

hi Jo, thank you. So my husband planted a voice activated dicatphone in our kitchen (not sure how long for) to record my calls/conversations at home. I asked him for separation months back and he wouldn't accept it and since then have renewed a friendship with an old school pal which he has interpreted as adultery. I just want to know if it is 'legal' for him to record conversations without my consent, and then play them to others and use in court against me? I feel like it is a total violation of privacy to myself and my friends who have been in my house and want to know if there is anything I can do to stop him or to put this in my divorce papers?

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you. Technically you are not supposed to record anyone without their permission, however the actual act of recording itself wont cause any form of offence.
What is done with the recording and information may potentially create an offence. You have to ask whether there was a reasonable expectation of privacy in the circumstance concerned. In your own home I would say the answer is yes.
If your husband publishes that recording in anyway, you may then have grounds to sue him.
If your husband wants to use the evidence in court, he will need special permission from the court to do so. The method with which the recording was obtained may prevent this from being possible.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 3 years ago.

hi, what grounds what I sue him on? is there a particular 'act' I can inform him of? he is constantly threatening to use it in court and also keeps telling me he is playing it to others which is really such an invasion of my privacy I cannot tell you. If you can give me as much legal jargon as possible to throw at him I would be grateful.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
It is a breach of Article 8 of the Human Rights Act 1998.
Also the fact that he is trying to blackmail you with the information by defaming you.
I have spoken to one of the family law co experts on the site and she has informed me that this recording will have no bearing on any divorce proceedings in any event.
Kind regards
AJ
Customer: replied 3 years ago.

can I report him to anyone to stop him from using it any further? I am concerned for my ongoing privacy as he threatened to post the recordings on facebook at one point. I'm not sure where to turn to stop him.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
In terms of civil action you would have to go an get an injunction.
If he is trying to blackmail you, then you should go and report the matter to police.
If he posts the recording on facebook, you can inform facebook that he does not have your permission to use the content.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3652
Experience: Solicitors 2 years plus PQE
Alex J. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

thank you Alex you have been very helpful

Smile