Law question - not looking for lawer-ly advice....just steer me in the right direction please

1. What rights does one have if they think they're being recorded (and don't consent to it)?

No, not by the aliens from Omicron Persei 8...

I tried searching NYS law but it got me nowhere... I looked under the privacy section but couldn't find anything. I don't know exactly where to search. Thanks.

thanks Kim...

That is so funny - only one party? Of course it's going to be the one doing the recording!!!

A friend of mine asked me to get this info for him (my bro's a cop) but I figured I'd ask here first....

Thanks again!

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Posted by LuvMyAlfonse

thanks Kim...

That is so funny - only one party? Of course it's going to be the one doing the recording!!!

A friend of mine asked me to get this info for him (my bro's a cop) but I figured I'd ask here first....

Thanks again!

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Were you looking for NY law?

My FH is an attorney here in PA, he said that you need more details. If you don't get the answer you are looking for, you can FM me more info and I will try to help if I can!

That's all I know... I didn't want to pry. But thank you for offering! I'll try to get more out of him tomorrow!!!

I just want everyone to know that I'm willing to do the research I just don't know what/how to research. I looked under NYS Law Civil Rights -> Privacy. But I couldn't find anything....

Thanks girls!

Ah OK, that makes sense!

I'll find out more info tomorrow, I didn't want to pry but if he wants help he's got to give up the information...

ETA: Thanks Lucky!

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Posted by Lucky0510

I asked my attorney once because of a situation I was in... however, he told me that it is legal to record someone without their consent in certain situations. In other situations it would be considered illegal. So, it depends on the circumstances. I know that doesn't really help but, I can tell you that in my situation he told me it was legal for me to record someone if the conversation pertained to information about a matter I was taking them to court for.

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Yea I think this just means that it has to be relevant to the case or it isn't admissible

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Posted by LuvMyAlfonse

Ah OK, that makes sense!

I'll find out more info tomorrow, I didn't want to pry but if he wants help he's got to give up the information...

ETA: Thanks Lucky!

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I'm doing research right now for you

If someone just decides to record your conversations, say like a Significant other putting a recording device in your house, then no its not legal for them to do so. It even says so on the recording machines.

I know there are situations where you are allowed to. Many times you have to get consent from an outside party or something like that. For example lets say someone is harassing you and you go to the cops and they need proof and know about what you will do.

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Posted by LuvMyAlfonse

Thanks Kim! I appreciate your help!

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No problem

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Posted by kimNanthony

Yea I think this just means that it has to be relevant to the case or it isn't admissible

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I meant that for court purposes it is legal to record someone... but, if you just wanted to record an ex or friend saying something stupid or embarrassing ... they could press charges on you for using the recording without their permission. Unless of course someone is in your home... then you can record whatever you want without their consent. So, the point I was trying to make is... it depends on the exact circumstances.

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Posted by Lucky0510

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Posted by kimNanthony

Yea I think this just means that it has to be relevant to the case or it isn't admissible

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I meant that for court purposes it is legal to record someone... but, if you just wanted to record an ex or friend saying something stupid or embarrassing ... they could press charges on you for using the recording without their permission. Unless of course someone is in your home... then you can record whatever you want without their consent. So, the point I was trying to make is... it depends on the exact circumstances.

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exactly...On a recorder you can use in a house, it has a sticker on that says that in order to legally record someone you have to get permission from the police or something along those lines

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Posted by Espo22

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Posted by Lucky0510

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Posted by kimNanthony

Yea I think this just means that it has to be relevant to the case or it isn't admissible

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I meant that for court purposes it is legal to record someone... but, if you just wanted to record an ex or friend saying something stupid or embarrassing ... they could press charges on you for using the recording without their permission. Unless of course someone is in your home... then you can record whatever you want without their consent. So, the point I was trying to make is... it depends on the exact circumstances.

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exactly...On a recorder you can use in a house, it has a sticker on that says that in order to legally record someone you have to get permission from the police or something along those lines

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What bothers me the most is that if you go into someone elses house they can record/vidoetape you without your consent and use it however they see fit. Even in the bedroom. Of course if they profit off of you being in their 'homemade video' you can sue for some of the profit but... they can basically share it with anyone they want for free. But, if I went into somone elses house to record them... I would need their consent.

Our company installs video surveillance and audio surveillance, and I know that at least one party has to know about it. employees or customers

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Posted by Lucky0510

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Posted by Espo22

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Posted by Lucky0510

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Posted by kimNanthony

Yea I think this just means that it has to be relevant to the case or it isn't admissible

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I meant that for court purposes it is legal to record someone... but, if you just wanted to record an ex or friend saying something stupid or embarrassing ... they could press charges on you for using the recording without their permission. Unless of course someone is in your home... then you can record whatever you want without their consent. So, the point I was trying to make is... it depends on the exact circumstances.

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exactly...On a recorder you can use in a house, it has a sticker on that says that in order to legally record someone you have to get permission from the police or something along those lines

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What bothers me the most is that if you go into someone elses house they can record/vidoetape you without your consent and use it however they see fit. Even in the bedroom. Of course if they profit off of you being in their 'homemade video' you can sue for some of the profit but... they can basically share it with anyone they want for free. But, if I went into somone elses house to record them... I would need their consent.

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so very true