In an era of ever-present smartphones and easy use of technology the ability to record people has become as simple as hitting a button. This fact became a topic of widespread media coverage in July of this year.
In July a debacle involving a recording of a private telephone conversation between Taylor Swift and Kanye West and its subsequent posting online by Kanye’s wife, Kim Kardashian, occurred. This incident has thrown surveillance and privacy laws under the spotlight.
Under the relevant NSW law a private conversation cannot be recorded unless everyone involved in the conversation consents. To do so could land you in prison for a maximum of 5 years. However if someone involved in the conversation believes it is reasonably necessary to have the conversation recorded for the protection of their lawful interests then it may be allowed.
This article has been written with ordinary people taking recordings on their phones in mind and does not apply to actions taken by law enforcement personnel.
If you have further questions, please contact us at frank@franklaw.com.au.
This is not legal advice.