Colleagues,
I seem to remember some discussion a while back about a situation where an
individual records a discussion secretly and then wants to use it to support
their case in a dispute, but I can't remember the outcome. Can anyone
either point me to the discussion or comment on the request below that has
just come to me:
"One of our [clients] ... has a complaint against [their] consultant. The
... consultant is denying saying the things the client was complaining
about. However, the client [says] that they can prove their case as they
secretly recorded the meeting."
1) Will the individual get into trouble for recording the meeting? (I've
said that they would benefit from the s.36 Domestic Purposes exemption in
Data Protection terms but I don't know whether or not they have breached an
implied duty of confidentiality.)
2) Is the recording admissible evidence in pursuing the complaint?
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
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