RECORDING OF PHONE CALLS OR CONVERSATIONS

[vinmarvin]

I've noticed on Zoom and MS Teams meeting calls that all participants get a "this meeting is recorded" warning as soon as the organizer or other participant starts recording the call. I have to assume this is a legal requirement so the participants cannot turn around and say they were not aware of the recording. Seems strange that you can then unknowlingly record another party without their consent.

I suppose its like taking photos or videos of people in public without their consent, totally legal

[MSW2]

I've noticed on Zoom and MS Teams meeting calls that all participants get a "this meeting is recorded" warning as soon as the organizer or other participant starts recording the call. I have to assume this is a legal requirement so the participants cannot turn around and say they were not aware of the recording. Seems strange that you can then unknowlingly record another party without their consent.

I suppose its like taking photos or videos of people in public without their consent, totally legal

Might be part of Microsoft and the US with some of the laws and legal requirements they have. I know for example that they have some AI stuff that US police are not allowed to use that will not be an issue here.

[Meteor]

Interesting subject. How would the court confirm authentacity of the recording? Voice analysis experts or digital correlation of voices in the recording?

Wonder if a good lawyer will not be able to argue that its inadmissable in court on technical issues i.e. time and date stamped, proof of the recording not tampered with or recorded at a different date using fake voices etc

With recordings from a dashcam I was told it has to be the original copy on the original memory stick.

[Johann du Toit]

Interesting subject. How would the court confirm authentacity of the recording? Voice analysis experts or digital correlation of voices in the recording?

Wonder if a good lawyer will not be able to argue that its inadmissable in court on technical issues i.e. time and date stamped, proof of the recording not tampered with or recorded at a different date using fake voices etc

Some CCMA commissioners insist that if the employee made a recording of a conversation with the employer or disciplinary hearing that the recording be transcribed. This is not a legal requirement but likely to prevent accusations of tampering, as well as prevent "surprises" at the Arbitration (it can undermine the ability of a party to prepare for negative evidence if they get ambushed with it at the arbitration hearing, civil courts have the discovery process to prevent exactly such nasty "surprised" on the date of hearing).