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Recording a telephone conversation

  • 08-01-2019 9:35pm
    #1
    ninjarambohd
    Registered Users, Registered Users 2 Posts: 172 ✭✭


    Hi all just wondering is it legal or illegal to record a telephone conversation between myself and another person but the other person doesn't know. Would I be able to use this as evidence in court or would I be guilty for recording the phone call without that person's knowledge?


Comments

  • #2
    brian_t
    Registered Users, Registered Users 2 Posts: 6,787 ✭✭✭brian_t


    Legality of Taping Phone Conversations

    https://www.boards.ie/vbulletin/showthread.php?p=108097263


  • #3
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Only one party consent is needed in Ireland for the time being. In other words, once you consent to the recording, the other party doesn't have to consent or know the call is being recorded.

    Any recording's admissibility in court is open for debate, whether one or both parties consent. I'm not sure why that is but people keep on saying it so I'm just repeating it. Personally, I can't see why a probative contemporaneous recording would not be admissible, the general rule against hearsay notwithstanding.


  • #4
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    My understanding is that it would be admissible where there is a conflict of evidence.

    If one party denied that they said it you coulld produce it as evidence but it will be up to the judge as to its evidential weight and whether it is required.


  • #5
    AndrewJRenko
    Registered Users, Registered Users 2 Posts: 30,282 ✭✭✭✭AndrewJRenko


    If you ring a call centre, and they say "calls may be recorded for training and quality purposes", that's a double-edged sword. They've just given you permission to record the call.


  • #6
    Under His Eye
    Closed Accounts Posts: 907 ✭✭✭Under His Eye


    You already had your own permission to record the call.


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  • #7
    Esel
    Registered Users, Registered Users 2 Posts: 23,084 ✭✭✭✭Esel
    Not Your Ornery Onager


    Would a conference call be treated differently given that there would be more than two parties involved?

    Not your ornery onager



  • #8
    Snotty
    Registered Users, Registered Users 2 Posts: 1,298 ✭✭✭Snotty


    Esel wrote: »
    Would a conference call be treated differently given that there would be more than two parties involved?

    No, as long as there person recording the call is a party in the call.


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