Is there any argument to run that, in these days of modern technology, it
is reasonable that an audio recording is simply a parallel for a set of
shorthand meeting notes which are then transribed?
After all a recording, together with handwritten notes, ensure an accurate
contemporaneous account of what was said on both sides with absolute
preservation of accuracy (which written notes may actually fall down on)
including the tone with which the words were spoken.
Now THIS must be a Friday question :-)
My previous and as yet uncommented on query was:
Tim
Thanks for this.
Are you saying that in your view, if done in an office context, a person
would be unlikely to argue 'personal use' even if it was advice to them as
an individual?
btw in this particular context, the person was asked 'do you mind if I
record this' (and was taking notes on a sheet of paper at the time) and was
told that would be fine.
btw Charles has also raised the issue, which I can imagine would apply in
some instances (but not this particular one where the words were
professional advice given in their professional capacity as an employee to
another employee), that spoken words can be copyright.
Kind regards, Kathryn
Tim has said that...
'I don't think covert recording of a meeting would be easy to square with
Data Protection, because it would be unfair. If it was done as part of an
investigation, it could also breach RIPA. If all participants in a meeting
know the recording is happening, it should be OK. The only exception to
this would be if a member of the public recorded a meeting for their own
personal reasons, in which case they could rely on domestic purposes.
A third party recording the meeting without any of the participants knowing
could, in my opinion, only happen legally if carried out as part of a
legitimate investigation, and with due attention to RIPA.
In terms of dissemination, it depends on what the participants were told,
what they consented to (if the recording needed their consent - their
knowledge is separate), and what the purpose is. It would be relatively
easy to disclose a recording to the police, less so to the media but
possible, and sticking it YouTube for a laugh would be legally quite
tricky.'
He then added:
' I should have made clear in this that, a recording of a meeting done with
the appropriate RIPA authorisation, or in circumstances where it would be
impractical to obtain one would nevertheless be legitimate.'
My original query was:
I would like to raise a two part issue as follows:
1. My understanding, from way back, is that a recording done by one of the
participants in the meeting whether overtly or covertly is legal to do, but
that recording a meeting by someone not present at the meeting and without
the knowledge of the attendees would be considered illegal?
Please feel free to correct me if I am wrong here.
2. The second part of my query relates to the legality or otherwise of
disseminating that recording to parties other than those who were present
at the meeting.
I do hope that a few of you will feel able to give me your assessment of
this.
Kind regards, Kathryn
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