Legal Question in Civil Rights Law in Texas

Voice Recording Public Conversations

Is it legal to record a conversation held in a public place if not all of the individuals in the recording are aware that they are being recorded? I know that you can't use that in court, but I would like to know if I can get into any kind of trouble (if it's illegal) for such a recording.

We had a paternity testing situation in a doctor's office in May 2004. My fiance and I ''planted'' a slim, high-quality voice recorder in my purse to record the conversation(s) held in the waiting room. All of those individuals on the recording (only ones in the waiting room) were there for this particular paternity test. Only my fiance and I were aware that the conversations were being recorded, and again, each invdividual in that office was directly there for our specific paternity test. Is this legal or are there reprocussions for this?

I appreciate your time and response!


Asked on 9/07/04, 5:24 pm

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: Voice Recording Public Conversations

Please be advised that I am not admitted in Texas, and that you should seek the advice of an attorney admitted in Texas if you are located in Texas and seek specific legal advice.

In general, jurisdictions vary concerning whether undisclosed tape recording is illegal or legal. In some jurisdictions, all parties must be aware of and agree for taping to be permitted. The purpose for the recording and other surrounding circumstances may also be relevant to determining whether the particular action is legal or illegal.

In addition to potential criminal liability, and again, depending on the laws of your state, you may face civil liability if you secretly record conversations with another person (i.e. that person might be able to file a civil lawsuit against you and obtain damages).

Since you have already made the recording, you may be in jeopardy of a criminal or civil complaint if what you have done has violated the laws of your state or has violated someone else's rights.

Again, consult with an attorney in your jurisdiction IMMEDIATELY to determine your legal rights, obligations, and options.

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Answered on 9/08/04, 11:13 am


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