How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 29011
Experience:  30 years experience representing clients.
17897874
Type Your Legal Question Here...
Loren is online now
A new question is answered every 9 seconds

I am wondering if it is legal for someone to be recording an

Customer Question

Hi there. I am wondering if it is legal for someone to be recording an in person conversation without my consent?
Submitted: 4 months ago.
Category: Legal
Expert:  Loren replied 4 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Minnesota law is a “one-party consent” state, which means that only one party to a communication needs to consent for a recording of the communication to be legal. See Minn. Stat. § 626A.02, Subd. 2(d).

So long as the person recording is a participant in the conversation your consent is not required.

Expert:  Loren replied 4 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 4 months ago.
the person recording it behind my back is the "one party" that suffices the consent?
Expert:  Loren replied 4 months ago.

Correct. Some states require all parties consent, but Minnesota only requires one party's consent.

Expert:  Loren replied 4 months ago.

One party consent is the majority rule.

Expert:  Loren replied 4 months ago.

Did you have further questions? Have I answered your question?

Customer: replied 4 months ago.
I understand what you are saying but the "one party" who "consented" was the man who was recording me behind my back to use in a case in court for a child custody battle. That still is ok?
Expert:  Loren replied 4 months ago.

Yes, any one who is a party to the conversation, including the recording party may provide the consent.

Customer: replied 4 months ago.
Ok so during this episode I had a strong suspicion he was recording me and he laughed at me and said no. I asked again. He told me I was crazy. I kept asking and he kept lying. Does that mean anything?
Expert:  Loren replied 4 months ago.

It does not make it illegal in a one party consent state if the the recording party lies.

Expert:  Loren replied 4 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (5 stars) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

Expert:  Loren replied 4 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.

Expert:  Loren replied 4 months ago.

Did you have further questions before you rate my service to you?

Related Legal Questions