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Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Is it legal client to secretly record conversations during

Customer Question

Is it legal for a client to secretly record conversations during a counselling/mentoring meeting?
Submitted: 2 years ago.
Category: Family Law
Expert:  Kasare replied 2 years ago.
Hi, thank you for your question, I will assist you with this.
Recording conversations without the participant’s knowledge is essentially considered a breach of that person’s right to privacy.
Between two private individuals it is not prohibited to record conversations. The problem arises however if that conversation is then provided to a third party for whatever reason, without the consent of both parties. Consent can be obtained retrospectively or argued to be within the public’s interest (i.e. for example when a journalist secretly records conversations with individuals they argue that the information is within the public interest to be disclosed).
Unfortunately, there is no clear answer in this area of law. But but the basic principles of obtaining consent for recordings is one that everyone should follow and if they haven’t obtained consent and want to rely on it, then they probably can, but there are risks depending on the circumstances - i.e. if used in court or disciplinary matters etc.
I hope this assists, but if you have any further questions please ask.