My question involves civil rights in the State of: California
I have read hundreds of posts about one-party consent vs. two-party consent and understand that I cannot record both/all sides of a phone conversation where any party is located in California without consent of all parties. Understood...
May I record only myself during the conversation without the other parties knowledge or consent? Would the manner in which the audio is captured be a legal component? Such as an application within my mobile phone versus an external recording device?
Examples:
1. I am a sales person and announcing the call is being recorded may effect the sale. Hearing the customer is not important in reviewing my own performance. Rather than announce the recording and capture the other party, I only record myself so I may listen back and audit myself at a later time (evaluate my inflection, tone, annunciation, etc.)?
2. I am disputing another party regarding a local civil matter and I fear the other person may accuse me to others of being hostile, yelling, swearing, etc. In this case what the other person says is not important, only proof of my civility in the conversation. The other party is never officially identified.
3. Somebody makes an accusation of me "flirting" or acting inappropriate during a call to my spouse. I have audio/video recording in my home/office for the purpose of security and it captures only my voice during a call. This call couldn't effectively be used in court but would be valuable to my spouse to demonstrate my behavior.
I hope that I have made my point with regards to my voice being the only one recorded. No audio of any kind from the other side. There are so many times that this would be helpful to show a timeline, make notes, affirm/deny allegations, etc. From what I can tell there is no clear answer or case law but I admit that I am not a trained legal professional.
Your answers are appreciated!
I have read hundreds of posts about one-party consent vs. two-party consent and understand that I cannot record both/all sides of a phone conversation where any party is located in California without consent of all parties. Understood...
May I record only myself during the conversation without the other parties knowledge or consent? Would the manner in which the audio is captured be a legal component? Such as an application within my mobile phone versus an external recording device?
Examples:
1. I am a sales person and announcing the call is being recorded may effect the sale. Hearing the customer is not important in reviewing my own performance. Rather than announce the recording and capture the other party, I only record myself so I may listen back and audit myself at a later time (evaluate my inflection, tone, annunciation, etc.)?
2. I am disputing another party regarding a local civil matter and I fear the other person may accuse me to others of being hostile, yelling, swearing, etc. In this case what the other person says is not important, only proof of my civility in the conversation. The other party is never officially identified.
3. Somebody makes an accusation of me "flirting" or acting inappropriate during a call to my spouse. I have audio/video recording in my home/office for the purpose of security and it captures only my voice during a call. This call couldn't effectively be used in court but would be valuable to my spouse to demonstrate my behavior.
I hope that I have made my point with regards to my voice being the only one recorded. No audio of any kind from the other side. There are so many times that this would be helpful to show a timeline, make notes, affirm/deny allegations, etc. From what I can tell there is no clear answer or case law but I admit that I am not a trained legal professional.
Your answers are appreciated!
Privacy Crimes: Can You Record a Phone Call Without the Consent of Others in California
Aucun commentaire:
Enregistrer un commentaire