Recording private conversations secretly

25 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?

1

Share this post


Link to post
Share on other sites

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

0

Share this post


Link to post
Share on other sites

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.

1

Share this post


Link to post
Share on other sites

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?

0

Share this post


Link to post
Share on other sites

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?

0

Share this post


Link to post
Share on other sites

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.

0

Share this post


Link to post
Share on other sites

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?

0

Share this post


Link to post
Share on other sites

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

0

Share this post


Link to post
Share on other sites

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

0

Share this post


Link to post
Share on other sites

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.

 

 

0

Share this post


Link to post
Share on other sites
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.

0

Share this post


Link to post
Share on other sites

@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?

0

Share this post


Link to post
Share on other sites
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?

0

Share this post


Link to post
Share on other sites
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

1

Share this post


Link to post
Share on other sites

Greetings TT!

So, I've sifted through the internet with my limited German and TT threads looking for an answer to this topic of recordings without consent. So far, I've come up with it's illegal to do in Germany but apparently there are exceptions in the case of criminal circumstances. My situation is unique and I'm hoping someone can lead me to the answer I'm looking for. First, said recording was done in a country where it is permissable with consent from a single party. Second, said recording incriminates the other party for attempted murder and conspiracy to murder. He's German and I'm American trying to get justice here in Germany as Germans are held accountable for their actions world wide. Because he fled the country where the crime was committed I am seeking justice here. Without going into deep detail, I'm wondering if anyone could direct me to the area of law which gives exceptions to the rule where the recordings can be used in criminal proceedings? My attorney said it can be used because the recording has been transcribed but after researching the topic, I'm not satisfied with that simple remedy and would feel more at ease with actual law which supports the use in criminal cases. Any help would be greatly appreciated.

0

Share this post


Link to post
Share on other sites
15 minutes ago, Travelguru said:

Greetings TT!

So, I've sifted through the internet with my limited German and TT threads looking for an answer to this topic of recordings without consent. So far, I've come up with it's illegal to do in Germany but apparently there are exceptions in the case of criminal circumstances. My situation is unique and I'm hoping someone can lead me to the answer I'm looking for. First, said recording was done in a country where it is permissable with consent from a single party. Second, said recording incriminates the other party for attempted murder and conspiracy to murder. He's German and I'm American trying to get justice here in Germany as Germans are held accountable for their actions world wide. Because he fled the country where the crime was committed I am seeking justice here. Without going into deep detail, I'm wondering if anyone could direct me to the area of law which gives exceptions to the rule where the recordings can be used in criminal proceedings? My attorney said it can be used because the recording has been transcribed but after researching the topic, I'm not satisfied with that simple remedy and would feel more at ease with actual law which supports the use in criminal cases. Any help would be greatly appreciated.

 

Why don't you ask your lawyer to show you the relavent law? Quicker than anyone here trawling through the law  books?!

If this "crime" is in another country, not sure you can get justice? But, that is why we pay and retain a lawyer.

0

Share this post


Link to post
Share on other sites

You know full well that is off- topic, Janx!😂

So here's the song:

 

But anyway, the OP will need to talk to a fully-versed lawyer. Otherwise, our comments on here can be used in court against us. The internet is a lawyer's dream...

0

Share this post


Link to post
Share on other sites

As far as I know the authority responsible for prosecuting crimes both in the US and in Germany is called police (Polizei).

 

In the crime has been committed in America, you go to your local police and report it (together with the recording). Without official investigation on the American side (which will include the said recording) German police will not do anything.

 

Also, neither in Germany nor in the US the video recording has no legal validity: a person accused of crime cannot be prosecuted solely on the basis of video recording. It can only be used as a hint to proceed with investigation.

1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now