Your legal rights to record a conversation

Covert recording is becoming increasingly common – but it can rightly land you in legal hot water

In the era of smart glasses, covert recording has become increasingly common. However if you think this means you can record conversations at home in the work place or out without consequence, this is not strictly true.

Depending on what you are recording and what you plan to use the recording for, there are different legal parameters. In general, recording a conversation is not illegal in the UK but that does not mean it’s entirely risk free.

Criminal law, data protection law and employment law all apply differently depending on who is recording, what they are recording and how they use it.

According to DMA Law, if it is strictly for personal use, you do not have to inform people you are recording.

However, if you intend to share the recording with a third party, then things change. If the recording is released to the public without the consent of the participant, it can be a criminal offence.

Journalists will sometimes release covert recordings in their reporting – this is because they either obtain consent for the recordings, or successfully argue that the contents of the conversation are in the public interest.

Some people prefer to record meetings at work rather than hand take notes as it is more efficient.

If you want to record a meeting, it’s a very good idea to ask for permission before recording just to cover all your bases.

Recording conversations in private places carries a higher risk than in public.

In homes, work places or other private settings carry a higher expectation of privacy, which means the risk of recording being illegal is higher.

In public spaces, you can generally record – however, if you record a private conversation or use the recording you could still be in trouble.

Even if the recording was lawful, if you share it without the consent of those involved, it can still be illegal as they can breach defamation laws, the Data Protection Act or privacy laws.

If the recording contains personal information, it’s even more likely to be a serious offence.

Recording a conversation you are not involved with, such as intercepting a phone call or bugging a room, is usually illegal unless you are authorised by police or have a court order.