its illegal

Which country/ies?

** It ain't always illegal in Australia or anywhere else I know of.

Each Australian state has it own laws regarding " listening devices " - but all of them permit the situation where the person making the recording is one of the principal parties to the conversation and the purpose is only to protect the legitimate interests of the person.

.... Phil

australia, thats why they say : this call is being monitored for training purposes , if you do not wish this call to be monitored , let us know after being on hold etc.....

also the police will tell you that , , i got pulled over , and at the same time the cop reached my car , he saw me with my fone and thought i was going to record the incident, which he said was illegal with out my consent..

You can record it without consent, but you can't use the result in a court.

Clifford Heath.

"Clifford Heath"

** Oh you certainly can.

The purpose of the exclusion in the various state acts for persons recording their OWN conversations is so that if a dispute arises over what was or was not said or agreed you have proof available to use in court if necessary.

Also, in any situation where criminal threats are involved, such a recording is just what the police need to be given to them to use as proof.

The basic idea is that the right to privacy does not extend to cover people telling lies or making threats.

.... Phil

"Phil Allison" wrote in news: snipped-for-privacy@mid.individual.net:

That's interesting, so would you know if the situation someone else mentioned about recording a conversation with police or any commisioned official is the same?

******ummm yes it is ..,,,,

if you tell the person and its ok , its legal,, if you record a conversation without telling them , its illegal

"Geoff C"

** Nothing to do with any state listening devices acts.

Filming or recording the police going about their work is considered to be " interfering with police " - according to them. And they don't like it.

Reality is, the police say and do improper things all the time and do not want any record of that to exist - because they know that citizens can and often will use it against them.

..... Phil

Though the more senior people appear to have a better grasp of the law in this situation.

Not that we've seen the female officer who was filmed making a threat to destroy property (of the filmer) being charged.

Sylvia.

Arse covering.

Hahahah, he bluffed you well and truly. You can record anything that takes place in a public place, cop or no cops. It is what you do with it afterwards that is legally constrained.

"terryc"

** Doing anything that " interferes" with the police going about their business is illegal - in a public place or otherwise. For example, witnesses to a crime or serious accident may become very wary of speaking with police if some character is standing a few yards away filming them. So that is " interfering ".

Also, many private conversations occur in public places - hence it is illegal to record them if YOU are not one of the parties to that conversation.

So following the police around with a video camera equipped with a microphone is highly illegal and they will take strong measures to stop you.

** That too.

.... Phil

Well, that's what the police may think. The legislation in NSW talks about "hindering". If a witness doesn't want to be filmed, the police can always take them somewhere else. I doubt a court would uphold the view that it amounted to hindering.

The issue is not whether it's private, but whether there is a reasonable expecation that it will not be overheard. If someone's standing there with a camera and microphone, then there is clearly no such reasonable expectation.

Sylvia.

It began when businesses started complying with the new privacy act. A recorded conversation may contain private data, and the act requires that the tell you about all private data the gather, amongst other things. Like you have the right to peruse it and to correct any factual errors in it, for example...

Clifford Heath.

"Stupider than anyone Else on Earth"

** Making them do that is most certainly " hindering police " .

** No doubt exists whatsoever that Sylvia is insane. ** Pure sophistry - they are one and the same. ** The camera, when spotted, causes the conversation to stop - and that is hindering police.

If not spotted, it is blatantly illegal to record the conversation.

So following the police around with a video camera equipped with a microphone is highly illegal and they will take strong measures to stop you.

Even if a raving nut case, autistic moron like Sylvia cannot see it.

.... Phil

"Clifford Heath"

** Nonsense.

State laws relating to the recording of private conversations go back to the early 70s.

** Oh what bullshit.

.... Phil

What about intent? Any concern about the lack of it?

Recklessness?

If someone's standing there, even with an unspotted camera, there is no reasonable expectation of privacy.

Indeed, unless the police and the witness are holding their conversation in the middle of an open space, with no places where an innocent person might be out of view but would overhear the conversation, there is no reasonable expectation privacy.

They may take measures, but that doesn't make the conduct unlawful, nor the police response lawful.

Sylvia.

bullshit.

u HAVE to have the other pers>> australia, thats why they say : this call is being monitored for

It's perfectly legal to record your own conversations , what you do with them can be the difficult part and the coppa was wrong and being defensive as they often record occurrences

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