When can I record a conversation?

The general position is that it is legal for a person involved in a conversation to record that conversation, irrelevant of whether that conversation is face-to-face, via telephone, or via electronic means.

The other party to the conversation does not need to know that they are being recorded.

Any recording must be performed by an external device (such as a dictaphone), not something which is physically attached to the telephone.

It is illegal for a person not involved in a conversation to record that conversation.

If a phone call or face-to-face conversation has been legally recorded, there are then restrictions on how you can use this recording. For instance, it is illegal for you to provide that recording to any person who is not a party to the conversation unless you have the consent of the other party to the conversation.

There are also circumstances where you might be required to hand over the recording of the phone conversation if it is necessary for the public interest or if required by government officials in limited circumstances.

For more information on your rights, contact our experienced team here.