Cana a minor be recorded without their consent?

My daughter was talking to her friends dad on the phone and the wife recorded the conversation.She sent me a message saying that she was going to share the recording with

people. My daughter is 16 and the wife was the third party. Is it illegal to record the conversation because my daughter is a minor

Asked on May 5, 2016 under Criminal Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The issue isn't that your daughter is a minor; the issue is that if the wife was not a party to (i.e. a participant in) the conversation, it is illegal for her to record the conversation without the consent of one of the partys (i.e. without your daughter and/or the husband consenting). In your state, 3rd-party recording of conversations is never legal without consent. You can inform the wife that if she does this, you will report her to the police for illegally recording a conversation, which could potentially result in her being jailed.


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