Use of covert (secret) recordings and transcripts of those recordings

[JQuest]

What is the name of your state (only U.S. law)? FL, but would like to know about other states in general.

It is my understanding that recordings made without the consent of all parties involved is not illegal, but sharing those recordings with someone who was not a part of the recorded conversation is illegal unless those who were recorded give their consent. True? However, the TRANSCRIPT from a covert recording CAN BE shared with anyone, including an attorney. True?

Quick background: I work for one of the largest international hotel chains and our particular corporate managed hotel has an HR Director that abuses his authority, to the extent of outright lying. I have examples of this recorded and would like to use the transcript to report him to corporate management. I realize this is risky since my employment can be terminated for any and no reason. I want to make sure that I am not breaking any privacy laws here.

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? FL, but would like to know about other states in general.

It is my understanding that recordings made without the consent of all parties involved is not illegal, but sharing those recordings with someone who was not a part of the recorded conversation is illegal unless those who were recorded give their consent. True? However, the TRANSCRIPT from a covert recording CAN BE shared with anyone, including an attorney. True?

Quick background: I work for one of the largest international hotel chains and our particular corporate managed hotel has an HR Director that abuses his authority, to the extent of outright lying. I have examples of this recorded and would like to use the transcript to report him to corporate management. I realize this is risky since my employment can be terminated for any and no reason. I want to make sure that I am not breaking any privacy laws here.

There are no general answers, but it appears your understanding is wrong. According to this site: Florida Recording Law | Citizen Media Law Project

"Florida makes it a crime to intercept or record a "wire, oral, or electronic communication" in Florida, unless all parties to the communication consent."

So you cannot even make the recording without committing a crime. They do make an exception where there is no reasonable expectation of privacy.

 

[cbg]

Just making sure; you realize that you can be fired regardless of whether you violate any privacy laws or not, right? That the two are not tied together?

 

[Beth3]

Florida

All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Recording, disclosing, or endeavoring to disclose without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain. Fla. Stat. ch. 934.03. These first offenses and the interception of cellular frequencies are misdemeanors. State v. News-Press Pub. Co., 338 So. 2d 1313 (1976).

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,” Fla. Stat. ch. 934.02. See also Stevenson v. State, 667 So.2d 410 (Fla. Dist. Ct. App. 1996); Paredes v. State, 760 So.2d 167 (Fla. Dist. Ct. App. 2000).

In Cohen Brothers, LLC v. ME Corp., S.A., 872 So.2d 321 (Fla. Dist. Ct. App. 2004), the District Court of Appeal for the Third District of Florida held that members of a limited liability company’s (LLC) management committee did not have a reasonable expectation of privacy with respect to participation in telephone conference calls with other committee members to discuss continued financing of the LLC, and thus could not hold the committee members liable for recording the conference calls.

A federal appellate court has held that because only interceptions made through an “electronic, mechanical or other device” are illegal under Florida law, telephones used in the ordinary course of business to record conversations do not violate the law. The court found that business telephones are not the type of devices addressed in the law and, thus, that a life insurance company did not violate the law when it routinely recorded business-related calls on its business extensions. Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991).

Anyone whose communications have been illegally intercepted may recover actual damages or $100 for each day of violation or $1,000, whichever is greater, along with punitive damages, attorney fees and litigation costs. Fla. Stat. ch. 934.10.



JQuest, the particular problem you face that even if your HR Director is the son of satan, management may take an extremely dim view of you doing any recording of anyone in the workplace without management's permission. I suggest you just skip this entire aspect of what you've done and if he's as bad as you say he is, contact more senior mangagement and tell them what's going on.

 

[tranquility]

Each state is different. However, if a crime, it is the recording and in some cases and/or the sharing. It is not illegal to remember things and write them down. I'm sure some record things illegally and then make a transcript and then destroy the recording in the hope of getting the information in in some way. Perhaps a claim of intensive, contemporaneous notes?

 

[JQuest]

Many thanks!!!

Thank you ALL for your quick and accurate feedback!!! (and keeping me out of jail ;-) I now wonder if I use a device that only records my side of the conversation to prove what I actually said, can be used without violating any laws???

 

[Beth3]

Sure - you are free to record yourself - but I don't see that that's going to get you anywhere. It will have no context and anyone you share it with will suppose that you could have recorded it at any time.

 

[LeeHarveyBlotto]

Why do so many people involved in some work dispute want to play secret agent?

 

[pattytx]

Why do so many people involved in some work dispute want to play secret agent?

Because they don't meet the criteria for the CIA.