Can someone tape my conversation with my grandchildren without my consent?

neofactor

You can simply check this easy form to identify what the law is for you state...

http://www.rcfp.org/taping/quick.html

Feel free to mark this as the answer... the rest are all people expressing their opinion.

Evilest_Wendy

Depending on what state you live in. Some states only have to have the consent of one party to record.

Beach Girl

Good Lord....when my grandparents gave me a tape recorder when I was 11, I taped everyone and everything I could. Of course it's not illegal. It may be embarrassing, but that's about it. Hope you were your usual loving and kind self!

Rickey R

I believe it will depend on what state you live in. Some states require that only one person know that there is a recording going on, yet I'm not sure if an 11year old can give consent. But in other states both parties must be notified they are being recorded. So, it is worth checking to see if your state is a two person consent state.

Ca D

What have you been doing--------?????????????

Jewel J

They can tape it, they just can't use it for anything other than personal use.

tatomuck1

Dont worry about it. If your getting so worked up about it, your worried you did something wrong. Did you say anything wrong on the phone. I think you did.

Jeff

1) Parents/legal guardians can record their child's happenings without your consent

2) It may not be admissable in court, though it could be

3) Usually, you must be informed you are being recorded IF a reasonable expectation of privacy is evident (being in public makes it PERFECTLY legal)

4) If the parents/legal guardians sanctioned it then they have protections under law by doing so

5) Why didn't you just destroy the recording?

The law varies depending on where the visit was held. You should talk to the local law enforcement regarding this. In most jurisdictions, it is legal to record a conversation between two parties if at least one of the parties has given consent (if the conversation is person to person - conversations over the phone are in most cases covered under different sections of law).

raichasays

Depends on where you live, but it is probably not illegal to tape you, but not admissible in court.

(No crime, but no use to them either.)

Dalicia R

why would you're grandchildrens uncle record you maybe you're doing or saying something that you shouldnt be? and idk if its illegal but it sure is funny

Corporate Mom

it depends on what State you live in. Some States say that as long as one party (which in this case your granddaughter) knows it's being taped, then it's perfectly legal. I would be more concerned about WHY the girl's uncle feels the need to do this. I would consult a lawyer and find out what the laws are in your State.

feuerhund

I would have taken the device and erased it.

Tyler M

It's legal.

Tom F

The laws for recording conversations vary from state to state. Some are "one-party" states, where if at least one party to the conversation knows the conversation is being recorded, its legal. Other states require that all parties to the conversation be aware of the recording device for it to be legal. You would also have to prove criminal intent on the part of the person who placed the device there, ie he intended to record conversations without people's knowledge. These laws are rarely enforced.

Given that this is a family member, I would recommend against taking any legal action. Sounds like you have enough problems already if people are secretly taping each other.

Paige

i'm sorry, but it is completely legal

Computer Guy

Consult a lawyer. I believe it may be unlawful to record conversations without notifying the conversees first.

Do you really want to sue your granddaughter's uncle, or have him arrested?

Heather V

It is legal as long as one party knows they are being recorded.

Fedup Veteran

She obviously was not trying to "Hide" the recorder from you, so it would be considered expressed consent on your part, especially since you noticed the recorder. Based on this you would not have a case in the court.

I bet you said things on there that you knew you should never have said in the first place. Another hint is how you want to try to take legal action against them.

AK Dude

Yes, this is legal because the child's parents could be suspicious and the recorder was visible. If you couldn't see it then it would be illegal.

Buddy Lee

It's a large "depends". It depends on your state for one on how they extend privacy. If a governmental agency (FBI, CIA) was recording you that would be completely illegal because the constitution guarantees privacy from the government.

Since that is not the case however you maybe allowed to file a civil lawsuit but again it depends on what state you live in and what kind of judge takes the case. It really comes down to weather the judge says that your conversations had an expectation of privacy but since the convo is with a 11 year old girl from a personal level I don't believe there is anything you should tell your 11 year old that should be considered "private" but hey that's just my take a judge may feel otherwise. I'd say there's a possibility of a civil lawsuit of some sort. Contact a lawyer and see if you can file a civil suit.

mike m

yes it is because she is his child

Wendy P

depending on what state you are. In some states is illegal to record a voice conversations.

i love red tank tops

in some countries, yes it is illegal to tape you but unfortunately, in most cases, you cant win in the court.

notyou311

Talk to someone in the Family Court. It may not be illegal in your state.

test pilot

It depends on the laws in your state but in most cases it is totally illegal to tape a persons voice without telling them you are doing so although you can video them without their consent. Go figure. Talk to an attorney. If you have the recording device and you can prove who did it you have a good case but if not you're out of luck.

isis

its illegal...wats wrong with ur fam?

pinkfrostingsparklezzz

its illegal you can take the device to the police and file a report

Girly_girl114

This does NOT sound legal. Is there something he has against you? Is there a reason he'd do this? That's an invasion of privacy.

Kiki

hire a lawyer, that's illegal

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