Hi edgreen123,
1) Is it legal to record calls in Ontario without letting the other person know?
Canada requires "one-party notification" - only one person in the
conversation needs to be aware that the conversation is being taped.
In other words, the person taping the conversation must be
participating in it. You will find this law in the Criminal Code of
Canada.
CRIMINAL CODE OF CANADA: PART VI: INVASION OF PRIVACY:
Section 183.1: Where a private communication is originated by more
than one person or is intended by the originator thereof to be
received by more than one person, a consent to the interception
thereof by any one of those persons is sufficient consent for the
purposes of any provision of this Part. [1993, c.40, s.2.]"
http://www.efc.ca/pages/law/cc/cc.183.1.html
Definitions:
"A one party state means one party to the telephone conversation has
to have knowledge and give consent. In a two party state, all parties
must have knowledge and give consent."
"In Ontario, Canada... it is only legal to tape a conversation when at
least ONE of the people involved in the conversation is aware that it
is being recorded."
http://www.telephonemagic.com/call_recording_equipment.htm
Legal Considerations of Voice Logging By Peter DeHaan, Ph.D. Fall, 2003:
"Some states and countries require ?one-party notification? in which
only one of the two individuals needs to be made aware that the call
is being recorded."
"At least thirty-seven US States, the District of Columbia, the US
Federal law, Canada, and England only require one-party notification."
"Regardless of this information, be sure to consult a local attorney
before recording any phone calls."
"Again, obtain legal counsel before recording any phone calls. Voice
logging is best used for quality assurance, training, self-evaluation,
verification, and dispute resolution."
http://www.answerstat.com/articles/3/12.html
Canada: One-party:
http://www.pimall.com/nais/n.tel.tape.law.html
>>>>>>>>>>>>>>>>>>>
However, companies must ask for your consent before recording your
personal information (such as credit cards and your SIN card).
Privacy Commissioner of Canada:
"Bank records customer call without consent; refuses to erase tape"
http://www.privcom.gc.ca/cf-dc/2003/cf-dc_030603_e.asp
"What are the consent consideration for recording phone calls?
Maltby : This is usually done to ensure quality control. An
organization should inform consumers in advance if they are recording
any call. This will allow a consumer to determine whether or not they
want to participate by simply hanging up."
http://www.nymity.com/privaviews/2003/malltby.asp
>>>>>>>>>>>>>>>>>>
2) Does it matter where the caller is calling from?
CRIMINAL CODE OF CANADA: PART VI: INVASION OF PRIVACY:
Section 183: "private communication" means any oral communication, or
any telecommunication, that is made by an originator who is in Canada
or is intended by the originator to be received by a person who is in
Canada"
http://www.efc.ca/pages/law/cc/cc.183.html
>>>>>>>>>>>>>>>>>>
3) Can these be used in court?
Although it is legal to record conversations as stated above, you must
consult an attorney if you want to use the tapes for legal purposes.
>>>>>>>>>>>>>>>>>>
Additional Links:
PART VI -- Sections 183-196: INVASION OF PRIVACY:
http://www.efc.ca/pages/law/cc/cc.part-vi.html
Phone Taps & Recording Telephone Calls - by RBCP
http://www.phonelosers.org/article_recording_telephone_calls.html
United States: Can We Tape Guide:
http://www.rcfp.org/taping/
I hope I've been able to clear this matter up for you. If you have any
questions, please post a clarification request before closing/rating
my answer.
Thank you,
hummer
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