Stat. Can I record meetings or conversations secretly or without obtaining consent? An employee must give their consent freely. § 626A.02 (emphasis added). Home > Can I record meetings or conversations secretly or without obtaining consent? But if your staff knows you secretly record meetings or private conversations… A recorded version of what was said in conversations can solidify the facts of a case, particularly where an employee may be fired for just cause. Circumstances of the recording. 13 July, 2018. by: ... there is no law which prohibits a member of the public from covertly recording a conversation or a meeting of which they are a part. Most people are surprised to learn that you can make a recording of a conversation without the other person knowing, and even without their consent. Despite Indiana law; employees do not have a right to record conversations … Can I record somebody without their permission? Generally, employers are not allowed to listen to or record conversations of their employees without the consent … To sum up, someone can use their smartphone to record you in public only if you have no “reasonable expectation of privacy.” You can sue someone for recording you in a conversation that you perceived to be private and did not consent to the recording. The plaintiffs were night shift employees … However, there is a caveat to this: You must be an active participant in the conversation. Unauthorized recording in violation of this law can lead to jail time, fines, and/or civil liability.” See Min. In a two party consent state it is illegal for your employer to record your conversations without your consent. IC 35-33.5-5-5. Kathryn Fielder suggests that as a starting point for HR, if you do not want employees to record conversations, then you need to make it very clear in your policies that the recording of meetings is expressly prohibited, or only allowed with the consent … New York state law provides that, “it is illegal to record in-person or telephone conversations without the consent … Conversely, it is a crime under Indiana statute to record a conversation without the consent of at least one party. Limits to Employee Monitoring. This usually means the other party to the conversation has no idea they are being recorded. Telephone monitoring gets a little bit interesting, if you have been directly told that phone calls … While you may be limited in your ability to record conversations without everyone's consent in 12 states, your employer may be allowed to record your conversations even in all-party-consent … Likewise, desks and offices are generally considered employer property, meaning they can be searched. Can HR prevent employees from recording conversations? Wal-Mart Stores, Inc., former store employees brought an action against Wal-Mart under the Omnibus Crime Control and Safe Streets Act, alleging that Wal-Mart had used hidden recording devices to record their private conversations. And you should go through this consent process for each conversation you record—never presume that because someone consented to you recording conversation A, they’ll automatically consent to the recording of conversations …