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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3493
Experience:  Solicitors 2 years plus PQE
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Can I ask is it true that to install a listening device in a

Customer Question

can I ask is it true that to install a listening device in a private residence every kne living in the residence must be made aware of this ?
Submitted: 7 months ago.
Category: Law
Expert:  Alex J. replied 7 months ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Yes technically this would absolutely be correct, it is about whether you have a reasonable expectation of privacy in the residence. If you put a listening device in your own space (for example a private office or your own bedroom) then there would not be issue. If you put the device in say your lodger's bedroom for example, this would be a breach of the person reasonable expectation of privacy. While technically you are not supposed to record people in private without their consent, a problem is really only like to arise if you use the recordings for something i,e post them on social media for example - this could also then be a breach of Data Protection laws.
Customer: replied 7 months ago.
ok so if a house places a device in another person's bedroom living in the house even if it was a relative living their paying for upkeep of the property would this also be considered reasonable right to privacy?
Customer: replied 7 months ago.
sorry to clarify living permanently theree ?
Customer: replied 7 months ago.
I meant to say the owner of the house )
Expert:  Alex J. replied 7 months ago.
Hi, Thank you. ***** think this would be a reasonable expectation of privacy, unless they said to you it is a condition of you staying in the property in which case you would have the opportunity to consent or not consent and leave the property. Kind regards AJ
Customer: replied 7 months ago.
ok thankyou for this information so just a little more info if a person suffering personal misery for want of a better word of an ongoing criminal investigation was expressing private thoughts on the matter that may or may not relate to the case and not necessarily correct whilst in one's private bedroom can this information be used in a court?
Expert:  Alex J. replied 7 months ago.
Thank you. Probably not because of how the information was collected - ie in breach of this persons privacy. It could be deemed inadmissible. Furthermore to use the recording the courts permission would be required. Kind regards AJ
Customer: replied 7 months ago.
ok thankyou so what sort of circumstances would achieve permission? i understand if you cannot answer thiz but basically just one last thing what are the rules if these devices are fitted into a car if one is talking to oneself? also basically is it then the case the purpose of these devices more informational than evidence of anything ?
Expert:  Alex J. replied 7 months ago.
Thank you. It is not the content that is the issue the issue is how it was obtained. There are many factors a court will consider as to whether it is even reliable evidence - for example what if it was obtained in duress or what if the clip was an extract or had been edited or was it a hypothetical conversation. If the recording was obtained illegally then the person who obtained it would then have to admit this if they then disclosed it to a court. Kind regards AJ
Customer: replied 7 months ago.
ok thankyou you ve been very helpful
Expert:  Alex J. replied 7 months ago.
No problem. I would be most grateful if you would rate my answer. If I can assist any further please let me know. Kind regards AJ

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