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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 72724
Experience:  Over 5 years in practice
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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: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months 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 6 months ago.
Customer: replied 6 months ago.
This was while I was talking to someone on Skype, so they have been recorded too
Customer: replied 6 months ago.
Will you be responding to me ?
Expert:  Jo C. replied 6 months ago.


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?


Customer: replied 6 months ago.
OK, so to prove someone is having an affair wouldn't stand up in court?
Expert:  Jo C. replied 6 months 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.