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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Leon Is it legal to record a conversation between 2 parties

Customer Question

Hi LeonIs it legal to record a conversation between 2 parties if only 1 party knows it is being recorded?Does the party that was unaware of the voice recording then have any right to request the recording?Thanks
Daniel
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

It is a breach of the privacy act to record a conversation without all parties consents.

The party that has no knowledge can object to it being used and if you publish it they can sue you.

The recording remains the property of the party that recorded it and they do not have to hand it over to anyone if they do not want to.

But is it not legal if the parties so not all consent and have knowledge.

Here is some detailed information

http://www.legalaid.qld.gov.au/Find-legal-information/Personal-rights-and-safety/Privacy-and-identity/Privacy

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon