Under what circumstances can someone be recorded without their permission?
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Under what circumstances can someone be recorded without their permission?
I have recorded an outburst from someone who is always going off she screams and cries all the time blaming it on her disability. This outburst in particular took place less than 20 ft from me, and I recorded it while at my desk. This was in an open area in the office I work in, and taken by my phone. I recorded it because it was some of the hostility I have been complaining about to my boss. Was it OK that I have it down and should I delete the file from any device that has it?
Asked on January 17, 2012 under Employment Labor Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In some states all parties to a conversation must consent to its recording; in other states only one person to the conversation need consent. But in all jurisdictions a public conversation (or in this case, outburst) can be recorded without any consent. The reason is that there is no "expecation of privacy" regarding such a communication.
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