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TexLaw, Lawyer
Category: Employment Law
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Experience:  Contracts, Wrongful termination and discrimination
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Is it legal for an employee to taperecord a conversation with

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Is it legal for an employee to taperecord a conversation with their supervisor without letting the supervisor know that he/she is being taperecorded? Then the employee uses the taperecording against the supervisor in a meeting with the employee's union rep. and the supervisior's boss.

Thank you for your question.

Was this a conversation between the employee making the recording and the supervisor?
Customer: replied 3 years ago.
The this would be legal.

The Alaskan law applicable to surreptitious according allows it as long as one party to the recording consents. This is true when the consenting party is also the recording party.

It is a misdemeanor in Alaska to use an eavesdropping device (hidden recorder) to hear or record a conversation without the consent of at least one party to the conversation, or to disclose or publish information that one knows, or should know, was illegally obtained. Alaska Stat. § 42.20.310. A person who intercepts a private conversation cannot legally divulge or publish the information without consent of at least one party. Alaska Stat. § 42.20.300. The eavesdropping statute carries a fine of up to $1,000 and/or one year in jail, though suppression of illegally obtained information in court is the only civil penalty authorized. Alaska Stat. § 42.20.330.

The state’s highest court has held that the eavesdropping statute was intended to prohibit only third-party interception of communications and thus does not apply to a participant in a conversation. Palmer v. Alaska, 604 P.2d 1106 (Alaska 1979).

The state hidden camera statute applies only to images that include nudity. A person who views or produces a picture of a nude or partially nude person without consent commits the crime of “indecent viewing or photography.” Alaska Stat. § 11.61.123. The crime of indecent viewing or photography is a misdemeanor if the subject viewed is an adult, and a felony if the subject is a minor.

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