Posted by Nigel Brooks on 07/11/06 17:39

"Tony Morgan" <tonymorgan@rhylonlinenospam.com> wrote in message
news:7RudlWBk28sEFwNX@zen54488.zen.co.uk...
> In message <4hhoanF1rqvlfU1@individual.net>, Nigel Brooks
> <nbrooks@msn.com> writes
>>The person asking the question was from the UK and it might be perfectly
>>legal for a private individual to make a consensual recording. It is not
>>illegal for individuals to tape conversations providing the recording is
>>for their own use, under the Regulation of Investigatory Powers Act 2000
>>(RIPA).
>
> Rubbish. The Regulation of Investigatory Powers Act 2000 can be read at:
> http://www.opsi.gov.uk/acts/acts2000/00023--b.htm#1
>
> It's scope is clearly defined in Clause 1 as relating to "a public postal
> service or a public telecommunication system". It also make it clear that
> it's scope is restricted to interception of transmission by means of a
> public or private telecommunication system.
>
> I do wish that people did not take things completely out of context (or in
> this case - out of scope).
>
> I'd argue that it is transparently clear that the OP's recording of a
> face-to-face conversation without one party's permission or knowledge can
> never be interpreted as an interception of a transmission of a
> telecommunication system.
> --
> Tony Morgan
> http://www.camcord.info

And I'd argue that what is good for the goose is good for the gander.

It is a fact that it is perfectly legal for an individual to covertly record
a consensual conversation made by means of a public or private
telecommunications system.

It follows that if it is permissable to consensually record a conversation
made over the wire - it is also permissable to record a face to face
conversation consensually.

There is far more of a privacy interest in communications conducted by
telephone than there is in a face to face confrontation.

The whole point of my post is that the legality of a covert consensual
recording depends entirely on the jurisdiction you are in and there is no
blanket authorization or prohibition.

--
Nigel Brooks

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