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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 7432
Experience:  Dual qualified Solicitor and Attorney
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I have a simple question, is recording at home for personal

This answer was rated:

hello,
JA: Hello. How can I help?
Customer: i have a simple question, is recording at home for personal use a crime?
JA: Have any charges been filed? If so, when is the next court date?
Customer: no charges filed just like to know for my own information
JA: Where did this occur?
Customer: family home
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just during this lockdown where the all family is together with home learning, working from home

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.

recording what and whom?

and what is the reason?

Customer: replied 11 days ago.
recording just what we are all doing at home, audio recording from the phone. couple with 3 children
Customer: replied 11 days ago.
no calling please, thanks. i am trial this so i am told you will reply
Customer: replied 11 days ago.
the reason for personal use i said
Customer: replied 11 days ago.
as we do not realise how many things we say during the day and how to assess when we say sometimes walls got ears.

But recording what?

Customer: replied 11 days ago.
i said recording audio voices at home

Thanksfor the information

The shortanswer is that it depends and you are not giving me enough information to beable to say.

If it isinnocent recording of a family birthday with the consent of everybody then thisis perfectly lawful. If it is something else then it may not be. You're goingto have to tell me the circumstances .

There isno blanket ban that allows you to record at home everything that happens

Can Iclarify anything for you?

Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.

Jo

Customer: replied 11 days ago.
ok thanks

Thanksfor the information

The shortanswer is that it depends and you are not giving me enough information to beable to say.

If it isinnocent recording of a family birthday with the consent of everybody then thisis perfectly lawful. If it is something else then it may not be. You're goingto have to tell me the circumstances .

There isno blanket ban that allows you to record at home everything that happens

Can Iclarify anything for you?

Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.

Jo

Customer: replied 11 days ago.
thanks but i am not talking about birthdays, normal day at home i open my phone on audio for couple hours to see how it does perform behind for example my jacket just for personal use. please advise by telling me the acts for communication in england so that i can check. thanks

This sounds very worrying indeed.

If you have to hide it then that is the basis of various offences.

Customer: replied 11 days ago.
checking the performance on how it can capture but otherwise it can be left in the living room.

If it is in plain sight and people know about it and they have the option to turn it off then that would be lawful.

Customer: replied 11 days ago.
i am telling you the circumstance is check the performance of how phone recorder can capture voices, even when sleeping just to find out if i snore.

if it is only recording you then that would be fine.

It would be better to use a snore app.

If you live with somebody else who doesn't know about this then you are just asking to be charged with coercive control or voyeurism.

Customer: replied 11 days ago.
is there a snore app? thanks for the information and i'll search it. to be charged if both partners do it from time to time ?

Oh yes. Many apps. have a look on your phone.

Customer: replied 11 days ago.
ok, so when we give a normal call we are told that calls are recording so why recording at your own home for personal use at home or away will be considered as coercive control or voyeurism? if this is the case why our call are retained for one year? your advice is not really legal please.
Customer: replied 11 days ago.
not living with somebody else but i said above from family home couple and 3 children. during home learning for example we have been making lots voice recording to communicate with teachers so getting an idea to place your phone on voice recorder just to capture voices then assessing how far the phone can capture voices if placed in different areas of the house
Customer: replied 11 days ago.
i was expecting your advice to have many examples and options..with example of england laws and few common law cases, my question was to know whether it was a crime under common law
Customer: replied 11 days ago.
have you finished so that i can rate you please?

Ok.

All the best.

Customer: replied 11 days ago.
am i getting a new answer from another lawyer?
Hello,
I am sorry you were not with happy with the answers so far.
I wonder whether you're OK with us trying to find another professional to assist you? If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you and issue a refund.
Thank you!
Tetyana-moderator
Customer: replied 10 days ago.
thanks

Hi thank you for your message, I appreciate this is important to you so I will endeavour to give you a quick but clear answer. Please note this is not a chat service so responses may not be instantaneous. If you are talking about recording your own children you do not need their consent. If you are recording your partner then you should obtain consent otherwise it is covert recording. There are a myriad of laws, regulations and guidance relating to covert recordings. There are legitimate reasons for some recordings to take place.

A recording may be unlawful (under the civil law) if it constitutes a misuse of private information, a breach of confidence, a breach of the GDPR or Data Protection Act 2018. One of the questions for the court is whether the individual had a reasonable expectation of privacy in the particular circumstances.

Consideration is then given to whether this potential breach of privacy is overridden by other factors. For example, journalists may have the benefit of data privacy exemptions or may claim legitimacy due to public interest arguments. It is more difficult for an individual to argue these sorts of reasons to justify covert recordings. In your case, it is likely that the need for a covert recording without your partners consent would not be justifiable and they could claim against you on that basis.

It should be noted that you have said you are only recording lessons but if you record other activity in particular, sexual activity without your partners consent then this could amount to the criminal offence of voyeurism.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 9 days ago.
thank you very much but what is consent ?
You ask her if she agrees and they say yes or no.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
Customer: replied 8 days ago.
thank you and it is clear.
Customer: replied 8 days ago.
just a bit of clarification, if the other partner allow other men to come at a family house without the spouse knowing or letting him know who is coming at home? what about if the other spouse spend her time talking badly about her spouse to her friends over the phone and reporting anything going on inhouse? in this case if the other partner let the spouse that he is recording to prevent her gossipping about him and private issues with third party unless if she goes outside to talk about herself ! do you think it is reasonable and justified ? after letting her know whoever phoning and trying to find out about the husband or issues at home she is telling them the house is being recorded so she cannot discuss about it! the husband after advising the spouse not to discuss affairs of the house and insulting him over the phone he decided this so that she avoid sinning.

Hi thank you for your message, I understand but I do need to warn you that even if you were to warn her for example if she does not consent recording her would be a civil offence especially given the expectation of privacy. If you record her committing sexual acts with other men then this would likely constitute voyeurism which is a criminal offence. Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 7432
Experience: Dual qualified Solicitor and Attorney
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