conversation taping

[tomisito]

is it illegal in the state of wisconsin to tape a conversation of my session with my counselor/theraipist without their knowledge of it.
thankyou.

 

[RedneckRoy]

It sure enough is

 

[tomisito]

Redneck,
Could you elaborate on the specific legal documentation as to why it is. Thanks for responding!

 

[JETX]

"Wis. Stat. § 968.31 (1998): 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.

Anyone who records a conversation without the appropriate consent, or discloses the contents of a communication having reason to know it was unlawfully intercepted, is subject to imprisonment for up to seven and a half years and 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."

 

[RedneckRoy]

Halket it's a good thing you happened along to correct me. I wrote the wrong damn thing down.

 

[tomisito]

So if I interpet this stat. right Halket. This pertains to use over the phone (or wire of some kind) and not in a conversation in a therapist's office. Right? It says communication which means in the dictionary use of a phone, wire ect. Thanks for your response.

 

[I AM ALWAYS LIABLE]

So if I interpet this stat. right Halket. This pertains to use over the phone (or wire of some kind) and not in a conversation in a therapist's office. Right? It says communication which means in the dictionary use of a phone, wire ect. Thanks for your response.

My response:

I would not interpret the Statute narrowly; it says, "oral communication." That could be interpreted to mean any setting; e.g., on the telephone or in-person. However, I would still tread very lightly in this circumstance because, there may be case law that also comes into play; i.e., there may be a difference when recording someone in a public area where there is no "expectation of privacy", versus in a private session or behind closed doors where the participants would have such "expectation of privacy."

Please consult a local attorney before you do anything.

IAAL