Illegal recordings?

[randy372]

What is the name of your state? SC

Found out my wife had hidden cameras in our house and has been recording me for at least the past 4-5 years. She supplied 14+ hours of videos in her discovery citing "cruelty". 14+ hours of just me walking around my home talking on the phone to other people. Worst of it is me calling her stubborn, hard headed, too dumb to understand, etc. to friends.

My lawyer asked me "what the hell am I looking at?". I asked him if it was illegal but he didn't answer and just said he didn't think the other lawyer even saw what he submitted.

Anyways, I always use an ear piece when talking on the phone since I move around my home often (cooking, TV in my room, library/office, etc.) so just my voice is heard. Most of the videos are from the living room, but there are a few from bedrooms including my office. Some of the conversations are private/embarrassing... I'm an urologist, so I have friends discuss related health matters with me. I informed these two friends, neither blame me - I was on an ear piece and and in an empty house, I had no idea there was hidden cameras set up, but neither of the two are happy about it. I did work from home a few days a week during covid and she had a hidden camera in my home office, she supplied a few videos from that home office, but just conversations I had with friends. I don't have any proof that she recorded conversations with patients.

Also there are text messages from my phone she took. Not sure if she is allowed to do that or it's my fault that I didn't have a passcode.


So far I have been happy with my case, but can not say I'm entirely happy with my lawyer, he's expensive, I barely talk to him, he delays things because he's busy and just recently my brother's wife, who use to do non-family law here, commented that my lawyer is known to be scarred to take things to trail. My lawyer is close friends with the other lawyer so I'm not sure if that's a part of the reason for him not taking any action.

Are these recording legal? SC is a one party consent state, and my wife did not have permission from any one. However, it's not a recording conversion per se, it's me talking on the phone and she recording that. You can not hear the other voice on the other end.

Even though my lawyer doesn't seem to want to do anything with it or I should say, he thinks the videos are meaningless and doesn't think the other lawyer will bring them to trail, regardless is there any action I can take or any action the other party in the phone conversation can take?

 

[Ohiogal]

Did you post here in the past?

 

[LdiJ]

What is the name of your state? SC

Found out my wife had hidden cameras in our house and has been recording me for at least the past 4-5 years. She supplied 14+ hours of videos in her discovery citing "cruelty". 14+ hours of just me walking around my home talking on the phone to other people. Worst of it is me calling her stubborn, hard headed, too dumb to understand, etc. to friends.

My lawyer asked me "what the hell am I looking at?". I asked him if it was illegal but he didn't answer and just said he didn't think the other lawyer even saw what he submitted.

Anyways, I always use an ear piece when talking on the phone since I move around my home often (cooking, TV in my room, library/office, etc.) so just my voice is heard. Most of the videos are from the living room, but there are a few from bedrooms including my office. Some of the conversations are private/embarrassing... I'm an urologist, so I have friends discuss related health matters with me. I informed these two friends, neither blame me - I was on an ear piece and and in an empty house, I had no idea there was hidden cameras set up, but neither of the two are happy about it. I did work from home a few days a week during covid and she had a hidden camera in my home office, she supplied a few videos from that home office, but just conversations I had with friends. I don't have any proof that she recorded conversations with patients.

Also there are text messages from my phone she took. Not sure if she is allowed to do that or it's my fault that I didn't have a passcode.


So far I have been happy with my case, but can not say I'm entirely happy with my lawyer, he's expensive, I barely talk to him, he delays things because he's busy and just recently my brother's wife, who use to do non-family law here, commented that my lawyer is known to be scarred to take things to trail. My lawyer is close friends with the other lawyer so I'm not sure if that's a part of the reason for him not taking any action.

Are these recording legal? SC is a one party consent state, and my wife did not have permission from any one. However, it's not a recording conversion per se, it's me talking on the phone and she recording that. You can not hear the other voice on the other end.

Even though my lawyer doesn't seem to want to do anything with it or I should say, he thinks the videos are meaningless and doesn't think the other lawyer will bring them to trail, regardless is there any action I can take or any action the other party in the phone conversation can take?

The things that you were saying about your wife were certainly cruel and demeaning. They definitely show a fundamental lack of respect on your part. Without knowing anything else about your case I doubt anyone could say whether or not they might matter. If I were your mother I would be ashamed of you. However, that doesn't have anything to do with legalities.

 

[adjusterjack]

Are these recording legal? SC is a one party consent state, and my wife did not have permission from any one. However, it's not a recording conversion per se, it's me talking on the phone and she recording that. You can not hear the other voice on the other end.

The one party consent thing doesn't apply to hidden cameras. 16-17-470 is close but the act has to be on "the premises of others."

South Carolina Code Section 16-17-470 (2022) - Eavesdropping, peeping, voyeurism. :: 2022 South Carolina Code of Laws :: US Codes and Statutes :: US Law :: Justia

Besides, the reality is that nobody is going to prosecute her so it gives you no leverage. Ditto the phone thing.

can not say I'm entirely happy with my lawyer, he's expensive, I barely talk to him,

Common laments about lawyers. Lawyers are expensive. When they are doing their job you shouldn't have to talk to them.

just recently my brother's wife, who use to do non-family law here, commented that my lawyer is known to be scarred to take things to trail.

And that opinion has value to you? smh

You shouldn't have to go to trial in a divorce. You negotiate a settlement. The longer you hold out, the happier your lawyer will be when he carries bags of your money to his bank account.

My lawyer is close friends with the other lawyer so I'm not sure if that's a part of the reason for him not taking any action.

Tons of lawyers are friends with their opposing lawyers. Friends with judges, too.

What "action" do you want him to take?
Did you tell him to take that "action"?
What did he say when you told him to?

Even though my lawyer doesn't seem to want to do anything with it or I should say, he thinks the videos are meaningless and doesn't think the other lawyer will bring them to trail,

That's probably true.

is there any action I can take

None that will do you any good. Reality check. You're in a snit because your wife got over on you. Get over it.

any action the other party in the phone conversation can take?

Possibly a complaint under HIPAA for medical issues that may have been revealed.

 

[AlmostThere]

It sounds like you need to take a deep breath and focus on completing your divorce as quickly and calmly as possible. Your attorney can spend a great deal of time and money chasing things that will have little long-term benefit to you.

Lock your phone. Work on an exit strategy from your marriage. What makes you say that your lawyer is delaying? If you are unhappy with your lawyer, find another. But keep in mind that good lawyers are expensive, and ending a marriage is expensive. And if you go to trial instead of working out an agreement outside of court, it will likely cost you more.

If you feel the need to vent about your soon-to-be ex (which is normal), find a counselor.

As an IT professional, I am a bit horrified at the idea that my doctor may not have his phone secured. If you have text messages that contain HIPAA-protected information, access to EMR/EHR systems, etc, on an unlocked phone, you are opening yourself up to far more problems than a nasty divorce. Particularly if you are saving passwords to said systems on your phone so you don't have to type them in every time. If you are unsure how to best protect your phone and the applications contained within, reach out to an IT professional.