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?


Asked on 6/16/05, 5:25 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: taping conversations

Generally, no, unless there was no reasonable expectation of privacy, but this is a separate issue from the accusation of discrimination.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 6/17/05, 6:12 am
Antoinette Wooten The Wooten Legal Consulting, PC

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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Answered on 6/17/05, 7:02 am


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