The recording of a telephone conversation requires the consent of at least one party. Wis. Stat. ann. § 968.31. And since the provision of the Wireless Communications Act applies to “any transmission of signs, signals, writings, images, sounds, data or information of any kind,” consent is also required to disclose the content of text messages sent between wireless devices. Wis. Stat. Ann.
§ 968.27. Hawaii Recording verbal or telephone conversations without the consent of at least one party is a crime in Hawaii and can also result in actual and punitive damages in a civil suit. With the advent of pocket recorders, sophisticated cell phones, and other secret recording devices, an increasing number of employees – upset or not – are secretly recording conversations inside and outside the workplace in hopes of catching their employers “red-handed.” After all, secret recordings have borne fruit in the past. You may remember the disgruntled Texaco employee whose secretly recorded conversation of executives making apparently racist comments led to a record $176 million settlement in a racial discrimination lawsuit. North Carolina Personal or telephone communications may be lawfully recorded under North Carolina law with the consent of a party. Illegal registrations are a crime that can also result in civil damage. However, does this dynamic change if the employee claims that the recording was made to document or investigate discrimination or harassment? Does registration then become a protected activity? While the answer is generally yes, according to the EEOC, the courts are divided on this issue. Anti-retaliation laws prohibit employers from retaliating against employees because the employee opposes or participates in an investigation of discriminatory conduct.
Some courts, such as the Second Circuit, have ruled that keeping a secret record to collect evidence of discrimination is a protected activity and that employers cannot take legal action against employees who keep such records. See Heller v. Champion Int`l Corp., 891 F.2d 432, 436-437 (2nd Cir. 1989). Other courts, such as the Seventh Circuit, have ruled that employers can take disciplinary action against employees who secretly record conversations, even if the recording was made under the guise of gathering information for a discrimination lawsuit. See Argyropoulos v. City of Alton, 539 F.3d 724, 733-734 (7th Cir. 2008) (“Although Title VII undoubtedly protects a worker who complains of discrimination. The law does not grant the injured worker a license to use questionable self-help tactics or workplace espionage to gather evidence of discrimination. (a) “Such recording shall be made by means other than telephone tapping and the person whose conversation is recorded shall be informed at that time that the conversation will be recorded and that any evidence obtained through that means may be used in court …” If a person is talking to another person about a personal issue of discrimination by another person, does the person being spoken to have the legal right to record the conversation and forward it to the discriminating party? The Commission of Press Freedom Reporters maintains a website that can help you understand the limits of consent when recording or broadcasting telephone conversations. Evidence obtained through the registration of the communication is “completely” inadmissible in civil proceedings.
Regardless of who made the registration, admission to civil proceedings can only be admissible with the consent of the person admitted. Arizona In Arizona, it is a crime to record a face-to-face or telephone conversation without the consent of at least one party. Violations can also be held civilly liable. The FCC has what`s called the “phone rule,” which states that if you intend to broadcast a phone call or record a phone conversation for later transmission, you must notify the other party at the beginning of the call. Massachusetts Under Massachusetts law, it is illegal to record oral, telephone, or wireline communications without the consent of all parties. Violations will be punishable by criminal offenses, fines, imprisonment and / or civil damages.