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Legitimacy of recordings?

  • 22-08-2011 2:45pm
    #1
    staker
    Closed Accounts Posts: 5,677 ✭✭✭


    Following this thread where the OP questioned her options following being treated rudely by a Garda at a checkpoint.

    Not just in this instance but say in any profession- If I were to record the dialogue having informed the Garda,shopkeeper,door-to-door salesman,whoever,prior to proceedings,could that recording be used if I were to use it to lodge a complaint with their superiors?
    I know i'd be incurring extra awareness from the professional,but I'd be willing to live with that.

    Admittedly it's a sad state of affairs when it has come to this,but after all,without it,it would be my word against theirs?


Comments

  • #2
    McCrack
    Registered Users, Registered Users 2 Posts: 2,992 ✭✭✭McCrack


    The short answer is yes, anyone can secretly record another in a conversation provided the person making the recording is doing the recording....in other words one party must be privy to the fact the conversation is being recorded.


  • #3
    jblack
    Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    staker wrote: »
    Following this thread where the OP questioned her options following being treated rudely by a Garda at a checkpoint.

    Not just in this instance but say in any profession- If I were to record the dialogue having informed the Garda,shopkeeper,door-to-door salesman,whoever,prior to proceedings,could that recording be used if I were to use it to lodge a complaint with their superiors?
    I know i'd be incurring extra awareness from the professional,but I'd be willing to live with that.

    Admittedly it's a sad state of affairs when it has come to this,but after all,without it,it would be my word against theirs?

    Phone calls are classified as personal data under the Data Protection Acts
    One party consent calls are probably not admissible in court as according to the Act all parties to the call must be informed of the recording.

    It also depends on the purpose for which the recording is made:
    If you say calls are being recorded for training purposes you cannot use that in court as the purpose of the recording is for training purposes.


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