If other party notified me that phone conversation is being recorded, do I need to tell them if I am also recording it? When I call, for example, AT&amp;T or any other company, then before they pick up the phone they sometimes give me a notice that the phone conversation could be recorded for training or other purposes. Since they already gave a notice that phone conversation is recorded, do I need to tell them as well that I could be recording it on my end too? This is in California where both parties by law need to agree before recording conversation. I would also be interested how this law is interpreted in other states or countries.
You do need to know the location of both parties. U.S. Federal law (18 USC 2511(2)(d)), which prohibits the interception of wire and electronic communication, states: It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State. California Penal Code 632 requires the consent of all parties to a confidential communication in order for the conversation to be recorded. The statute defines a "confidential communication" as follows: The term “confidential communication” includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded. Once AT&amp;T, or anyone else for that matter, states that the communication is being recorded, it is no longer considered a confidential communication requiring the consent of all parties in order for any party to record it. Part of the California Civil Jury Instructions for this code requires that the plaintiff must prove, among other things, that the plaintiff had a "reasonable expectation that the conversation was not being overheard or recorded." You can see the full jury instructions here: https://www.justia.com/trials-litigation/docs/caci/1800/1809.html
My interpretation of the GDPR when it comes to a contact form is as long as your privacy notice states that what data you collect in the contact form and what legal basis that data is used for you are fine. Someone submitting a contact form in my opinion is their consent to reply back to them regarding the data in which they have submitted. Another good clause to have in your privacy policy is to basically state if the user submits information about another natural person that they have consent from that natural person for that data and what it would be used for. The internet is the internet. People have been trolling it for years. People have also submitted false information for years. The best a business can do is simply outline what their site does, what data is collected and what it will be used for. That along with what legal basis it’s processed for and following it makes you GDPR compliant in that regard. As to withdrawing consent and the rights given by the GDPR that’s all specific to what infustructure a business has in place. As a developer I know the headaches of the GDPR. Most of it resides in the fact data is not centralized and thus can’t easily be retrieved, modified, or removed. Once you’ve tackled that aspect providing the user their rights under GDPR isn’t to far off.
You are right that this is probably a private space; you are wrong in thinking it is your private space; it isn't. The space belongs to your employer and they can do whatever they want with their space unless there is a law that says they can't. As to what type of "hidden surveillance" is allowed that depends on your particular circumstances including what state and federal laws apply and the employment contract you are covered by. As a starting point, if this was happening in Australia then: If you gave permission, all would be legal If you did not give permission: it would be illegal to record anything taking place across a public telecommunications system (i.e. phone tapping) it would be legal for anyone to make an audio recording (not phone tapping) of any conversation to which they were a party it would be legal to make a video recording without sound.
what can I do to either head them off, or prevent them from charging us for a service we don't use, and have no intention of using, and is also not under contract anymore? That kind of notifications always should be made in writing, and in a way that allows you to prove that the other party received it (e.g., by email or a printout letter with a copy signed by the other party as receipt). If you are aware that the gym has recorded your phone call, you should ask it (and that means in writing) to preserve that recording in the event that the matter ends up in court. The sole request might reveal to the gym that you are willing to bring court proceedings if the gym insists to act unlawfully. Even if the gym eliminates the records despite your request not to do so, that would weigh against them because it would constitute spoliation of evidence. It would be helpful if in your email or letter you reflect that you even went to the gym, in accordance with the directions the gym gave you. If the gym persists with charging you and/or reports you to a collections agency, your first and easiest recourse is to file a grievance with the Michigan consumer protection agency (I don't know the exact name, as agencies' names may change over the years). For now, as a precaution, you might want to send your phone service provider a request for preservation of records of the call(s) through which you gave your 40-day notice. That is the typical term for asking the phone company to create a back up of your records, since by default phone companies keep records for about a year. Ask that the preservation include the standard information: source number, target number, date/time of the call, and duration. Regardless of whether the gym records phone calls, the fact that visiting the gym now takes you a three-hour drive [each way] suggests that the purpose of your phone call was to give the 40-day notice. Hence the potential relevance of retrieving those header records from your phone service provider.
NO It is decided state-by-state (for state-wide agencies like state troopers), and county by county, and city-by-city whether or not to buy and use cameras. Also, they are not usually always running. Policies as to when officers are required to turn them on vary as well as when the public and the involved officers get access to the recordings.
This depends entirely on STATE law, and you need to list the state(s) you are interested in in the question. Thus, the usual legal statement "it depends." POLICE ARE NOT ATTORNEYS Don't accept legal advice from the police at face value. Police frequently don't actually know the minutiae of the law, and/or often misunderstand it. Their job is not to provide legal advice nor legal judgement, their job is to enforce the law based on certain priorities. Thus the area of enforcement is usually narrowed to specific categories so they can be experts in that area. (I.e vice cops, bunko squad, homicide division, etc.) But police are not lawyers, so don't expect them to understand the law. They did not attend 3 years of law school after attaining a college degree, which lawyers DO. Police get as little as 3 months training (in some states like Arkansas they can be put on duty without ANY training for up to a year (!) before attending the academy). THAT SAID, REGARDING CALL RECORDINGS: There are single and two party states. In single party states, any single person who is part of a call or communication can record it. In "two party" states, everyone that is part of the call must be informed. There are numerous exceptions and stipulations however. GREAT EXPECTATIONS First off, is there an "expectation of privacy." Again this varies by state and case law. Generally, if there is no expectation of privacy, then there is a clear exception to record. For instance, if you are in a busy restaurant, and people around you can hear or eavesdrop, you have no expectation of privacy. Courts have also ruled that if you are in the presence of a police officer performing official duties, there is also no expectation of privacy (not for either of you). IS IT LIVE OR IS IT MEMOREX Are you being recorded? If you are in a two/all party state, and you have an expectation of privacy (a phone call made in your home) then one of the following must occur: If the police are recording you without your knowledge, they must have a court order permitting them to do so as part of an investigation. Otherwise you must be notified with a statement at the beginning of the call that the call is being recorded. (Typically your option is to hang up or continue. Continuing the call implies your consent.) In some states the notification can be in the form of a "duck" or a beep every 15 seconds (time period varies, this is also different per state). OPINION NOT ADVICE BELOW I would think that being notified that a call is being recorded ends any expectation of privacy for any involved party. Assuming the state law and related case law supports recording when there is no expectation of privacy, this circumstance would seem to permit recording legally. Doubly so if your were talking to police in official capacity (did you notice a beep every xx seconds?) CAUTION: Because this varies so much by state, and because even the various Federal District Courts are not in unanimous agreement on the minutiae, there may be other factors to consider.
Is the question just whether a company can contact its customers to ensure that they're happy with the company's services? If so, the answer is generally yes. I can think of no reason why this would change based on the fact that someone saw her using the services of a competitor. Your mother seems to be treating the phone call as an accusation, but it appears to be standard customer-relationship maintenance. If she chooses to approach it differently, she can use it to improve her bargaining power with Gym 1.
Yes, you can use it as evidence Canada clearly requires what is called a one-party consent for recordings. Section 184(1) of the criminal code makes it a crime to &quot;knowingly intercept a private communication.&quot; However, Section 184(2)(a), the &quot;Saving Provision,&quot; says the prohibition &quot;does not apply to&quot;: (a) a person who has the consent to intercept...of the originator of the private communication or of the person intended by the originator thereof to receive it.&quot; Because you: a) either originated the conversation or were the person your landlord intended to talk to; and b) gave your consent by making the recording; therefore, c) you are covered by this clause. For more details, you can read nice summaries by lawyers here and here.