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audio tape recordings

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misspr

Guest
in the state of indiana, is it legal for a person to audio tape your conversation without them making you aware that they are tape recording you?
 


I AM ALWAYS LIABLE

Senior Member
misspr said:
in the state of indiana, is it legal for a person to audio tape your conversation without them making you aware that they are tape recording you?
Indiana
Ind. Code Ann. § 35-33.5-1-5 (Burns 1999): The recording or acquiring of the contents of a telephonic or telegraphic communication by someone who is neither the sender nor the receiver is a felony and can be the basis for civil liability. Ind. Code Ann. § 35-33.5-5-5 (Burns 1999).

Civil liability may require the payment of actual damages, $100 per day for each day of violation or $1,000 -- whichever is greater -- and punitive damages, court costs and attorney fees. Ind. Code Ann. § 35-33.5-5-4 (Burns 1999).


So, it would appear that the caller or call receiver can record the conversation without informing the other person on the telephone. The above law only prohibits "other" people from recording the call between you and the person on the other end of the conversation.

IAAL


[Edited by I AM ALWAYS LIABLE on 07-17-2001 at 07:56 PM]
 
Z

ZALYX1

Guest
Good question. How about Michigan? Have a habitual liar for a boss.
 

I AM ALWAYS LIABLE

Senior Member
ZALYX1 said:
Good question. How about Michigan? Have a habitual liar for a boss.

Michigan
Mich. Comp. Laws § 750.539c (1999): A private conversation cannot legally be overheard or recorded without the consent of all participants. Illegal eavesdropping can be punished as a felony carrying a jail term of up to two years and a fine of up to $2,000.

In addition, any individual who divulges information he knows, or reasonably should know, was obtained through illegal eavesdropping is guilty of a felony punishable by imprisonment for up to two years and a fine of up to $2,000. Mich. Comp. Laws § 750.539e (1999). Civil liability for actual and punitive damages also are sanctioned. Mich. Comp. Laws § 750.539h (1999).

The eavesdropping statute has been interpreted by one court as only applying to situations in which a third party has intercepted a communication, an interpretation that makes it legal for a participant in a conversation to record that conversation without the permission of other parties. Black v. Gray, 324 N.W.2d 58 (Mich. Ct. App. 1982).

The state Supreme Court, however, stated in a July 1999 ruling that a participant in a conversation "may not unilaterally nullify other participants' expectations of privacy by secretly broadcasting the conversation" and that the overriding inquiry should be whether the parties "intended and reasonably expected that the conversation was private." Dickerson v. Raphael, 601 N.W.2d 108, (Mich. 1999).

 

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