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 Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71554
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Is it legal to record your spouse in the home Assistant:

Customer Question

Is it legal to record your spouse in the home
Assistant: Where is this? It matters because laws vary by location.
Customer: England
Assistant: What steps have been taken so far?
Customer: I have been recorded without my knowledge for 5 hours
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 13 days ago.
Category: Law
Expert:  Jo C. replied 13 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

do you mean with camera or audio?

Customer: replied 13 days ago.
Audio
Customer: replied 13 days ago.
This was while I was talking to someone on Skype, so they have been recorded too
Customer: replied 13 days ago.
Will you be responding to me ?
Expert:  Jo C. replied 13 days ago.

Thanks.

It isnt illegal to record but there are restrictions under the DPA upon to what purpose it is used.

The only way it could be brought within the criminal law is to argue that it is part of a course of conduct amounting to coercive control. In and of itself, it wouldn't be enough.

Can I clarify anything for you?

Jo

Customer: replied 13 days ago.
OK, so to prove someone is having an affair wouldn't stand up in court?
Expert:  Jo C. replied 13 days ago.

It wouldn't amount to a criminal offence. It might well not be admissible in the family court but that is a different point. I can't imagine they encourage people with nothing better to do than record their spouses.