All good my homies-- Nobody and I mean NOBODY messes with any members of the SYNDICATE-- Mods please allow this post as its pertinent to OUR CAPTAIN HULU's best INTESREST--
I got yo back, I got Yo Covered-- Lucky I am a LAW SAVANT and can assist the CAPTAIN-
As employment lawyers, we are often asked whether it is legal to record a conversation at work, specifically the ones related to concerns over workplace performance or where there is a dispute in the workplace and the employee wants to have an exact record of what was actually said. The second question we are then asked is whether you can make the recording without the other person knowing. The simple answer to the question of making a recording of a workplace conversation is "Yes",
but only if the following apply:
- you are a participant in the conversation and consent to the conversation being recorded;
- you are an employee, not acting as a member of management; and
- you were intended to receive the communication.
Pausing for a moment to understand that the basic law in Canada, it is important to know that it is illegal in Canada to wilfully intercept a private communication (section 183 of the Criminal Code of Canada). "Intercept" means: listen to; record; acquire or acquire the substance, meaning or purport of the communication. In plain words, you are not permitted to surreptitiously listen to someone else's conversation, let alone record it. In fact, it is illegal in Canada to possess surreptitious recording devices.
The reason you can record your own conversations is the "one party consent" exception, meaning, where one of the parties to a conversation consents to being recorded, then they can record the conversation. In multi-party workplace conversations it only takes one party to consent to being recorded to fit within the exception.
It is also important to distinguish between your workplace conversation and police wire taps. The police are not permitted to listen in on your conversations or "bug" your meeting room to gather information relating to a potential crime unless they have a warrant allowing such activity or other very limited exceptions apply. The rules applicable to the police are far more stringent than those related to you in your workplace scenario because the police are agents of the state and the state may be looking to send you to jail if you are convicted of a serious crime.
Back to the question at hand, if I am in a meeting with my boss during which we are going to discuss my work performance, can I use my phone to record the conversation? Assuming you consent to being recorded and it is your performance that is being discussed, then, yes, you can use your phone to record the conversation.
In answer to the second question, "No, you do not have to tell the other party that you are making a recording of your conversation with them", which is the one party consent rule referred to above.
Now, before you start recording your conversations at work, you should first ask yourself the following questions:
- What you are going to do with the recording?
- How are the other people going to react to having been recorded?
- Is it going to help or hurt the work situation if you record the meeting without the others knowing?
- Do the others want to record the meeting as well?
Under the 1 PARTY CONSENT RULE (HULU 's consent) you are LEGALLY allowed to record this conversation, The conversation is not PRIVATE- IT can also be used as possible evidence in the future.
I have lots of experience with Law and contracts- hence why I started consulting in 1 area and have reassigned to the Legal area despite not being a lawyer lol, but I enjoy reading LAW and Cases so its a good FIT.