Hello justcuriousme~
Federal law requires that at least one person involved in a telephone
conversation consent to the recording. If the meeting takes place via
telephone, and one of the parties is in another state that has
different laws about recordings, the Federal law may be used as a
guide. However, if for some reason the recording should go to court,
the court may or may not allow the recording.
There is also something called ?the business telephone exception,?
which allows the recording of phone calls that occur over business
telephones, as a means of monitoring employees. Lawyers generally
advise employers to publish a notice that calls will be recorded.
Wisconsin abides by the Federal law stating that at least one person
involved in the conversation must consent to the recording. Part of
the Wisconsin statute states:
?A person who is a party to a wire, electronic or oral communication,
or who has obtained prior consent from one party, can legally record
and divulge the contents of the communication, unless he does so for
the purpose of committing a criminal or tortious act.
Under the statute, consent is not required for the taping of a
non-electronic communication uttered by a person who does not have a
reasonable expectation of privacy in that communication. See
definition of "oral communication," Wis. Stat. § 968.27.
Effective Feb. 1, 2003, the punishment for recording or disclosing the
contents of a conversation without the appropriate consent is
imprisonment for up to six years and/or a criminal fine of up to
$10,000. Wisconsin law expressly authorizes civil damages for
violations and allows recovery of the greater of actual damages, $100
for each day of violation or $1,000, along with punitive damages,
litigation costs and attorney fees.? (?Wisconsin, Wis. Stat. § 968.31?
http://www.rcfp.org/taping/states/wisconsin.html )
However, if for some reason the tape should need to be heard in a
Wisconsin court, it usually will not be accepted unless everyone
involved was told they were being recorded and that the recording
might be used in court.
It is perfectly legal (both from a federal and state standpoint) to
record any meeting or conversation where your tape recorder is in
view. However, where an expectation of privacy might be presumed by
the participating parties, consent had best be obtained.
For information specific to recording telephone calls, check out
?United States Telephone Recording Laws? at:
http://www.callcorder.com/phone-recording-law-america.htm )
You may also wish to review ?Can We Tape?? at
http://www.rcfp.org/taping/ Although it is targeted to news
reporters, much the information may apply to your situation(s).
Finally, please be advised that I am not at lawyer, and this
information should not be considered legal advise. If you are unclear
about the interpretation of any laws, you should consult with an
attorney.
Kind regards,
Kriswrite
KEYWORDS:
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"recording meetings" "federal law" |
Clarification of Answer by
kriswrite-ga
on
03 Sep 2004 17:21 PDT
Hi again justcuriousme~
I'm sorry I wasn't perfectly clear. In cases where the telephone is
not used, it comes down to a matter of "expectation of privacy." In
both Federal and Wisconsin law, it's permissible to record meetings if
the people involved don't expect privacy. If they do, it is wise to
request permission.
Additionally, if you put a recorder on your desk (or some other quite
visible location) during a meeting, the law considers that the parties
involved have given their permission, even if you didn't come right
out and ask.
Regards,
Kriswrite
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