NSW Recording a private conversation

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Sarah Jones

Member
1 August 2020
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I have just found out that a meeting between myself and two other parties, work related but conducted via ZOOM in the privacy of our individual homes to keep it confidential was recorded without either other parties knowledge. Is this illegal and what action can I take against the individual?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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It can be, subject to a bunch of ifs and buts and maybes.
Which are you in this?
 

Sarah Jones

Member
1 August 2020
2
0
1
I am the one as was my boss being recorded without our knowledge. It was not a disenplanary meeting with a team member. More of a mediation
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,643
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Sydney
Who recorded it?
The worker, or some skull sucking parasite HR person?

What difference does it make?
Why don't you just ask for a copy?
 

Adam1user

Well-Known Member
5 January 2018
536
30
2,219
I have just found out that a meeting between myself and two other parties, work related but conducted via ZOOM in the privacy of our individual homes to keep it confidential was recorded without either other parties knowledge. Is this illegal and what action can I take against the individual?
Can you prove it was recorded? or was it hearsay? as long as it is not made public, then there is no way you can prove it was recorded.

In general there are laws that prevent people from recording others but there are exemptions to that, if a person records other person or people in order to defend him/herself and does not disclose it or make public, and just disclose it to the authorities such as the court and police, then in that case it is legal and accepted but once a person records others and use that recording for personal benefit such as black mail or distribution on the internet etc... then that person can be held legally liable as it is considered criminal act. I am not a lawyer but this is what I understood from talking to lawyers and other people. Also, this will depend where the event happened; which location the recording occured and which area was the distribution , but in general, I found that this is this basic principle is the same in several areas such as in NSW and other country.