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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Another tenant has claimed he makes secret recordings of

Customer Question

Hi. Another tenant has claimed he makes secret recordings of resident meetings to listen in to what's said. He doesn't even attend. He says he will use them as evidence if ever needed. Is this legal?
Submitted: 9 months ago.
Category: Law
Expert:  Alice H replied 9 months ago.
Good morning. My name is ***** ***** I am a lawyer based in London. Are there legal proceedings going on of any kind?
Customer: replied 9 months ago.
Hi Alice. No but the man making the recordings has an issue with a tenant who attends the meetings and says he will use what he has recorded against the tenant should he ever need to in court.
Expert:  Alice H replied 9 months ago.
There are differing views about this but generally speaking there is nothing wrong with using such a recording as evidence. The person proposing to use the evidence will have to persuade the court or tribunal that the recording has been obtained properly and it is in the interests of justice for the recording to be admitted. Coverty recordings have been admitted in evidence in civil, criminal and employment law cases.
Customer: replied 9 months ago.
But can he be allowed to record meetings he doesn't even attend without their knowledge? Do I have a right to tell everyone he claims he is doing this?
Expert:  Alice H replied 9 months ago.
You can tell others - there's nothing wrong with that. But I don't see that he's doing anything illegal. What is the difference between what he's doing now and him being present and recording the meeting?
Customer: replied 9 months ago.
I see your point but he also said he recorded things before the meeting and is doing it without peoples consent. He also implies he records things that go on at any time in the communal lounge when he is not there. So basically eavesdropping other people's conversations, surely violating peoples rights to go about their business?
Expert:  Alice H replied 9 months ago.
It's going to be difficult stopping somebody making these recordings in a public place; in a similar fashion taking photographs in public is generally not illegal. It's fair to say that people have greater protection in private than they do in public so this is a hurdle that will have to be overcome before you can take action. I have spent a little time researching this issue and on the basis that these recordings are done in public (covertly or otherwise) I can't find anything to suggest the actions are illegal.

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