Can I record harassment without the other party’s consent if it was in a public place?

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Can I record harassment without the other party’s consent if it was in a public place?

I’ve been harrassed at work for 2 months over a single incident where I was in

the wrong but not to the extent the other party claimed. I tried to clear the air and recorded the conversation for proof should I be accused again. We were outside in a public place with others around. Can I get in trouble for trying to protect myself?

Asked on February 25, 2017 under Personal Injury, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In some states so long as 1 party to the conversation consents to its recording, it is legal. However, in other states (including CA), all parties to the conversation must consent. That having been said, all parties need no agree to recording a conversation if it is conducted in a public place, since there can be no expectation of privacy as the conversation could easily be overheard.


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