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That's obviously illegal in the EU
Is Recording Someone Without Their Consent Lawful in the UK? A Detailed Guide
This piece explores your rights. It gives specifics on key legal acts and clarifies where the line sits between lawful recording and a breach of privacy.
Public Space:
Recording in a public area is generally lawful. This includes streets, parks, public transport, and open shopping centres. People in public do not expect privacy. This applies to filming both adults and children.
Recording Your Own Conversation:
You do have the right to record a conversation you are a part of. You do not need to tell the other person for the recording to be legal, provided you keep it for your own personal use. This includes phone calls.
Phoenix House v Stockman (2016)
The Issue: An employee secretly recorded a meeting with HR and used it in her unfair dismissal claim. The employer said this was gross misconduct.
The Finding: The court said the recording was admissible. It ruled that secretly recording a meeting is generally misconduct, but it is not automatically a valid reason for dismissal. The court considers the employee’s reason for recording. Was it for honest record-keeping or was it an attempt to trap the employer?
Punjab National Bank v Gosain (2014)
The Issue: An employee recorded an investigation meeting. She continued to record the conversation of managers after she left the room. The recording captured highly offensive comments about her.
The Finding: The court admitted the full recording as evidence. It ruled that the evidence was too relevant to the employee's case to exclude. The recording showed the employer’s true attitude