Is it illegal to tape a person's conversation if they didn't give consent to be recorded in Texas?

Answer 1

According to the Texas Penal Code

"So long as a wire, oral, or electronic communication---including the radio portion of any cordless telephone call---is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents. Texas Penal Code § 16.02."

Either party can tape an electronic conversation without the other party's consent.

"Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Texas Code Crim. Pro. Art. 18.20."

Anyone can tape a non electronic communication as long as there is not a reasonable expectation that the communication is private.

Answer 2

Texas has the one-party consent law, meaning electronic communications can be taped without the consent of other parties involved (Tx. Penal Code 16.02) The taping of oral (face-to-face) conversations are only deemed legal if the person being recorded had no expectations of the conversation being private (taping is done in a public place). The exception to both types of recording is that it is not legal to record such communication for the purpose of using it as evidence in criminal or tort (wrongful injury or damage lawsuits, breach of contract, etc.) procedures.

Answer 3

You must tell the person you are recording them or it is illegal in Texas. Law pretty much states that both parties must have knowledge of conversation being recorded and both parties must consent to it.

Answer 4

In Texas, you may only record a telephone conversation if you are a party to that conversation, or if one of the parties is aware of the recording. That means if someone asks to use your phone, you must inform them if the conversation will be recorded. Case law (Kearney v. Salomon Smith Barney Inc., 39 Cal. 4th 95 (2006)) states that if the person you call is in a state that requires that all parties be notified, then you must follow the more restrictive laws. In the case listed, the Supreme Court of the State of California held that all Californians are protected from having telephone conversations unlawfully recorded, even if the other party is outside California. Other states requiring that all parties be notified are Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.

Note that the law requires notification, not consent. This is because if they do not consent, they can simply end the conversation. Additionally, a periodic audible beep is considered sufficient notification. The notification must be given prior to the beginning of the recording. It is illegal to possess any illegal recording of a telephone conversation, even if you did not make it. There are criminal penalties in every state but Vermont. Many states also have additional penalties if the contents of an illegal recording are disclosed.

As for non-telephone conversations; the recording of public conversations is always permitted, the recording of private conversations by a third party is never permitted, and the recording of private conversations by a party to the conversation depends, but is usually permitted.

Answer 5

Yes, as long as you are a party to the conversation.

Answer 6

Not if you are a party to that conversation.

Answer 7

No, an employer can do it all they like. The only exception (not criminal but rather civil) is bathrooms, changing rooms, etc...