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In New York, can a spouse secretly record a couples therapy…

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In New York, can...

In New York, can a spouse secretly record a couples therapy session?

Lawyer's Assistant: Has anything been filed or reported?

Not at this time. It happened today.

Submitted: 1 month ago.Category: Family Law
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Answered in 1 hour by:
3/13/2018
Family Lawyer: N Cal Attorney, Attorney replied 1 month ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,654
Experience: since 1983
Verified

Thank you for your question.

I am sorry but the answer is Yes, NY allows a party to a conversation to record it without the consent of any other party to the conversation, see

https://www.rcfp.org/rcfp/orders/docs/CANWETAPE.pdf

However, given the expectation of privacy in that setting, the disclosure of the tape could be considered to be an invason of the privacy of the therapist and the other spouse.

I hope this information is helpful.

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Customer reply replied 1 month ago
I understand the baseline rule in New York, but am interested in whether there are exceptions for situations like this.For instance, if the iPhone voice memo is considered to be an invasion of privacy, what would be the legal implications of such a finding? Would the evidence be inadmissible in a legal proceeding? Either way, are there other legal remedies I could take such as a civil suit based in tort? Would the therapist have any legal remedies against the party who made the surreptitious recording?Also, what is the significance for the surreptitious recording, if any, of the fact that the party who made the recording is under investigation by Child Protective Services for abuse?
Family Lawyer: N Cal Attorney, Attorney replied 1 month ago

The federal wiretap law only forbids disclosure of an eavesdropped conversation and I believe NY is likely to follow the same approach.

As I indicated, the non-consenting spouse and the therapist would have claims for invasion of privacy if the recording is ever disclosed.

Conversations secretly recorded with the consent of only one party are generally admissible in NY, but this one may be inadmissible on the basis of patient-therapist privilege.

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Customer reply replied 1 month ago
Would New York Civil Practice Law & Rules Section 4502(b) be relevant?
Family Lawyer: N Cal Attorney, Attorney replied 1 month ago

It can be cited as supporting the argument that the recording is not admissible in Court.

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