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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 34415
Experience:  30 years experience representing clients.
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I understand in some states like Florida it is not permitted

Customer Question

I understand in some states like Florida it is not permitted to use a audio recording device to capture/record conversations in person without both individuals knowing that they are being recorded on the audio device or being notified. However, what does the law require if a child (minor) goes to school and is writing down everything that there teach is saying even if it is not school related?
Once that question is answered, instead of writing it themselves, what if the child takes a device to school that automatically transcribes what the teach is saying and does not keep any audio file of what the teach says, but only a written/types text file?
Thanks in advance for your time and response,
Andrew
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.
Good morning. I am Loren, a Florida licensed attorney, and I look forward, to assisting you.
Expert:  Loren replied 1 year ago.
What is the purpose of the transcription? How is it being used?
Customer: replied 1 year ago.
Hi Loren!
Well, it could be for various uses, some of them I've mentioned below. I am just trying to determine if this is allowed to be done legally or not:
- Student to use the trascription text for Studying what was discussed in class
- Parent to review if Student says their Teacher is talking disrespectfully ***** ***** in front of the class
- Parent to understand what is being said/taught to their minor child when not present.
If there is a difference as to when this would be allowed versus not allowed, please let me know. Also, please consider that the child is a minor and the parent/guardian is not present, and that this is a transcription/text, and not an audio recording.
Thanks for your time and effort on this,
Andrew
Expert:  Loren replied 1 year ago.
There is no current legislation regarding the taking of notes in a public setting, such as a classroom. These are not private conversations, presumably, but comments directed to a group of people in a class.
Expert:  Loren replied 1 year ago.
An electronic devise which transcribes converstions automatically would fall within the criminal statutes prohibiting unauthorized electronic interception of an oral conversation.
Expert:  Loren replied 1 year ago.
Again, however, comments made in a public setting are not covered because there is no expectation of privacy in that situation.
Expert:  Loren replied 1 year ago.
To be unauthorized the recording must be of a private conversation.
Customer: replied 1 year ago.
Loren, would a daycare center with many children multiple kids be considered private or public? Also, does the legislation for the recording of private conversations not take in to account that one of the individuals in the conversation is a minor (11 years old)? Shouldn't the parent/guardian have a right to know what their minor is being told in public or private?
Expert:  Loren replied 1 year ago.
A daycare center is public.
The language in the legislation makes no distinction for age.
Customer: replied 1 year ago.
Ok, so lastly just to confirm I understand and then'll I'll close this question.. I can have my child take a electronic devise which transcribes conversions automatically to school and to daycare, as long as my child is not having a private conversation (one-on-one) with nobody else around, is that correct?
If there was a private situation, no in the classroom or individual conversation between my child and another person without anyone else around, my child would have to turn the device off, or tell the other person they are being recorded. Does my child just have to tell the person, or get permission from them? And could I simply have my child where a button on their shirt stating that 'Recording is in Progress' without consent from the other person?
Thanks, Andrew
Expert:  Loren replied 1 year ago.
If you have an electronic recording device on your child you will need to have the permission of the daycare facility. This is not the same situation. You are surreptitiously planting a secret recording device to capture the conversations of others. This is not the same as your child taking notes. This is you planting a bug on your child. It is the same as if you planted a bug in a lamp or the telephone.So, yes, you would need the permission of the daycare center and they could refuse to take the bugged child into the daycare.
Customer: replied 1 year ago.
Loren,
You said, "To be unauthorized the recording must be of a private conversation." And you said, "A daycare center is public." And you said, "... comments made in a public setting are not covered..." So why can't I have a transcribing device on my child, at a public daycare center?
Expert:  Loren replied 1 year ago.
Because it is a bug and you can not electronically intercept oral communication in public or private. A private conversation can be held in a daycare center. The daycare center itself can be both public (a waiting area with public access) and private (the area where minors are cared for).
Expert:  Loren replied 1 year ago.
Did you have further questions?