Legal Question in Civil Rights Law in New York
taping conversations
In a condominium board meeting that was held recently
two of our board members were recording our meeting.
The majority of us were convened with only one of our
members not being able to assist. One of the board
members that was recording left the meeting early
because of a previous engagement, other matters were
discussed after she left including the possible
dismissal of one of our employees and the bizarre
relationship this particular board member seems to
have with this employee. She claims now that as she
left the meeting she accidently dropped her tape
recorder and that it continued to record the rest of our
meeting and is threating us with discrimination. We all
now that it's not possible since neither one of us 5
remaining members saw it and we cleaned up
afterwards. However she does have all the details of
the conversations that happened after she left. I believe
that either she eavesdropped after she left or she did
record the conversations with another device that we
were unaware of. Is it legal to record conversations that
you were not a part of?
2 Answers from Attorneys
Re: taping conversations
Generally, no, unless there was no reasonable expectation of privacy, but this is a separate issue from the accusation of discrimination.
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Re: taping conversations
Since none of you (the five other members or the woman) were agents of the local, state or federal police, there was nothing illegal about the woman taping the conversation without the other five members' consent. That is to say, that private citizens can illegaly tape other private citizens without consent. The Fourth Amendment, etc. was desinged to protect private citizens from the unlawful actions of the govenrment.
AMW/CAW
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