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Ben Rose
Ben Rose, Solicitor
Category: UK Law
Satisfied Customers: 348
Experience:  LL.B (Hons) (Hull), Pg.Dip.L.P. (York), SIIRSM
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Is it legal to record someone without their knowledge and put

Customer Question

Is it legal to record someone without their knowledge and put that audio recording on the internet.
Submitted: 8 years ago.
Category: UK Law
Expert:  Ben Rose replied 8 years ago.

Hi Spirit

 

It depends in what circumstances but generally it is not legal to record and publish without consent. Were you identified in the recording or was it attributed to you?

 

Kind Regards

 

Ben

Customer: replied 8 years ago.

Hi Ben

 

I can disclose that the conversation was recorded using a mobile phone. The recording involved a friend and another of his acquaintences. The third party was unaware of the recording, which was made for personal reference. It is a civil conversation about the origin of life. I was hoping to use it on the internet, without reference to the third party.

Expert:  Ben Rose replied 8 years ago.

As long as the parties cannot be identified thee should not be a poblem; however if either realises then they may dispute your right to publish.

 

Was it recorded in a public place e.g. a pub?

 

Ben

Customer: replied 8 years ago.

Hi Ben,

 

It was recorded in my house, then my car on the way to his house and then finally in his house.

As far as i am aware no -one was identified by name, and certainly if a name had been used it would only have been an abbreviated first name (not surname).

Is it possible to send the 3rd party a copy to get his approval or is that foolish. The 2nd party has given his approval.

 

Spirit

Expert:  Ben Rose replied 8 years ago.

Hi Spirit

 

I have looked into it and under data protection you may be best to seek permission form the thrid party, however you do not fall foul of the Regulation of Investigatory Ppowers Act 2000 which deals with recordings of communications as you did not use a public telecommunications system.

 

Kind Regards

 

Ben