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Recording Conversation?

  • 13-12-2007 3:57am
    #1
    jill_valentine
    Registered Users, Registered Users 2 Posts: 7,090 ✭✭✭


    A friend of mine and I were talking about this. He reckons it's legal to record a conversation without one person's knowledge provided you're an active participant. I rooted around, and I can only find references to that in other countries. I would have figured it would violate some sort of privacy rights?


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    There's another thread running on this. I think he might be right, but the real question is whether the recording can be admitted as evidence without the other persons consent or prior knowledge.


  • #3
    i71jskz5xu42pb
    Closed Accounts Posts: 1,806 ✭✭✭i71jskz5xu42pb


    See -
    http://boards.ie/vbulletin/showthread.php?t=2055195607

    There's an SB Post article linked that references some Irish legislation.


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The SB Post article is tenuous in my opinion, as it was a Tribunal.


  • #5
    jill_valentine
    Registered Users, Registered Users 2 Posts: 7,090 ✭✭✭jill_valentine


    Apologies, I didn't mean to spam. I did look for a similar thread, but it was the "taping" that caught me out, I think. :D

    Although... Is there a difference between a face to face conversation and a telephone one, in this context? Whatever about using a recording as evidence, are there any doomy implications for just making it in the first place? Or letting somebody else hear it? Like, if you stuck it on Joe Duffy or something?


  • #6
    biddybops
    Closed Accounts Posts: 91 ✭✭biddybops


    jill_valentine wrote: »
    Apologies, I didn't mean to spam. I did look for a similar thread, but it was the "taping" that caught me out, I think. :D

    Although... Is there a difference between a face to face conversation and a telephone one, in this context? Whatever about using a recording as evidence, are there any doomy implications for just making it in the first place? Or letting somebody else hear it? Like, if you stuck it on Joe Duffy or something?


    Sorry for bumping thread but am looking for the same information.
    If you want to upload a conversation, to say, a social media site, would there be any legal ramifications?
    I am not looking for legal advice! Just curious about the legality of such an action.


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  • #7
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Yes: A breach if privacy and/or confidence. If you have the consent if the recorded subject/person, that's not a problem.

    No consent - then do not post it.

    That is of course if the conversation was being broadcast within the accepted parameters and I think those circumstances are limited.


  • #8
    biddybops
    Closed Accounts Posts: 91 ✭✭biddybops


    Tom Young wrote: »
    Yes: A breach if privacy and/or confidence. If you have the consent if the recorded subject/person, that's not a problem.

    No consent - then do not post it.

    That is of course if the conversation was being broadcast within the accepted parameters and I think those circumstances are limited.

    Many thanks for that. What is 'worst case scenario' if I was to do it anyway?


  • #9
    theAwakening
    Registered Users Posts: 254 ✭✭theAwakening


    would an audio recording of a conversation outside of court be admissible in evidence in a criminal trial, as an exception to the hearsay rules (inculpatory statements), if the accused did not know he was being recorded during the conversation? (provided the recording itself can be authenticated in evidence).


  • #10
    MadsL
    Registered Users, Registered Users 2 Posts: 20,299 ✭✭✭✭MadsL


    Isn't that the point of a 'wire'? Or are evidence rules substantially different in Ireland?


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