Recording private conversations secretly

15 posts in this topic

Question of the day - Is it legal in Germany to record private conversations secretly?

 

Context:

 

- To have a proof of whatever someone is saying currently and to make sure that he/she does not back down later.

- To have a proof of whatever someone told you while selling you something (for e.g. investment policy, etc.)

- Any more?

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No, it is not legal. Even if you do it, the taped conversation cannot be used in legal proceedings. You need their consent first.

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As UA says, it's illegal and also cannot be used as evidence in court.

 

I know, I got charged for recording a meeting. Not secretly, out in the open with recorder in the middle of the table. One guy objected and when I refused to switch off the recorder he subsequently went to the police and reported me.

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And, what if there is consent (i.e. not secretly and with the approval of other speaker (s) )? Is it then legal to record the conversation or is it still illegal?

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Do you mean, is it legal to record someone's voice if they give you their permission to record them? You're into some seriously risky and depraved shit, my friend.

 

What you try to use that recording for after the fact is a different story entirely but of course it's legal to record someone if they give you permission to do so. How the hell do you think recordings of people speaking get made?

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You're into some seriously risky and depraved shit, my friend.

 

@Keydeck: you missed the context I gave initially. And its not about recording someone's voice but about legally recording a conversation which could be used in legal proceedings if need arises.

 

Don't stress soo much ;) Jokes apart, thanks for ur reply.

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Didn't miss the context at all. As I said, of course it is legal to record someone's voice/conversation/diatribe if you have permission. Whether you can use it afterwards or not for whatever purpose is a different question entirely.

 

Try this...if I have permission to record a meeting, is that recording admissable in case of any subsequent legal issues?

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Apparently criminal law sometimes accepts the use of recordings made without consent as evidence, but civil law doesnt.

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Chiming in here (8 years later), what about when you call a customer service line who has a message at the beginning saying "We record calls for quality assurance. If you do not wish to be recorder press...". Does that count a two-part consent

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What do you mean by "two-part consent"? You're granting (or denying) permission for them to record calls for quality assurance purposes. Even if you consent to the recording, they are not allowed to use the recording for any other purpose without obtaining your specific consent for that new purpose.

 

 

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23 minutes ago, geppelt said:

Chiming in here (8 years later), what about when you call a customer service line who has a message at the beginning saying "We record calls for quality assurance. If you do not wish to be recorder press...". Does that count a two-part consent

No. You should also inform the other party that you are recording.

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@El Jeffo I meant "two-party consent". The fact that they are recording the conversation and I have consented, does that mean that I too am allowed to record the conversation?

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On 3/26/2009, 5:50:57, RMA said:

As UA says, it's illegal and also cannot be used as evidence in court.

 

I know, I got charged for recording a meeting. Not secretly, out in the open with recorder in the middle of the table. One guy objected and when I refused to switch off the recorder he subsequently went to the police and reported me.

 

Are you serious? What a turd. Did anything come of it?

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30 minutes ago, Petro6golf said:

 

Are you serious? What a turd. Did anything come of it?

 

Well i think illegally recording someone is automatci prison sentence

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