Private Recordings - Private Party

Rollbar · Apr 21, 2012

I can't find or my search isn't to good.

I have read whereas we can record a public official, but what about private parties?

If memory serves we or said person has to notify the other party, correct?

Reason for me asking is two friends are getting called in at their work and their schedule is blank, which indicates to them they will be let go from their jobs.

One I know for a fact-Perfect record at work, no sick time, not late, work extra/fill in etc. One problem came up last week whereas they were called in for not answering their phone. They are not salary employees, but hourly.

The manager is trying to empty the store and do what they want. The manager even hired their spouse and gave precedence to said spouse.

The manager is friends w/the district/HR and a lot of weird things have gone on.

So I was asked this question of recording. I said I was NOT sure but that they would have to notify the people involved if recording. This manager has a history of lying to HR and not letting the people get their pay and even telling HR they did not put their two weeks in before leaving.

They have confided in me (Minister) and I want to give them the correct answer.

In my opinion, they need to record their meeting. It is a shame this has to happen but maybe it is for the better.

Thanks for the help,
Jim

MAC702 · Apr 21, 2012

One party involved in the conversation has to be aware of the recording. This person can be the same one that is responsible for the recording. Telephone (wire tapping) is different.

Someone posted some relevant laws on this not too long ago. I remember them being confusing, but the consensus in our circles in Nevada is what I posted.

Stanley · Apr 21, 2012

NRS 200.650 Unauthorized, surreptitious intrusion of privacy by listening device prohibited.
http://www.leg.state.nv.us/nrs/NRS-200.html#NRS200Sec650

Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 704.195, a person shall not intrude upon the privacy of other persons by surreptitiously listening to, monitoring or recording, or attempting to listen to, monitor or record, by means of any mechanical, electronic or other listening device, any private conversation engaged in by the other persons, or disclose the existence, content, substance, purport, effect or meaning of any conversation so listened to, monitored or recorded, unless authorized to do so by one of the persons engaging in the conversation.

Bold added by me.

Wire tapping is covered by NRS 200.620..

NRS 200.620 Interception and attempted interception of wire communication prohibited; exceptions.
http://www.leg.state.nv.us/nrs/NRS-200.html#NRS200Sec620

usmcmustang · Apr 21, 2012

Rollbar said:
I can't find or my search isn't to good.

I have read whereas we can record a public official, but what about private parties?

If memory serves we or said person has to notify the other party, correct?

Reason for me asking is two friends are getting called in at their work and their schedule is blank, which indicates to them they will be let go from their jobs.

One I know for a fact-Perfect record at work, no sick time, not late, work extra/fill in etc. One problem came up last week whereas they were called in for not answering their phone. They are not salary employees, but hourly.

The manager is trying to empty the store and do what they want. The manager even hired their spouse and gave precedence to said spouse.

The manager is friends w/the district/HR and a lot of weird things have gone on.

So I was asked this question of recording. I said I was NOT sure but that they would have to notify the people involved if recording. This manager has a history of lying to HR and not letting the people get their pay and even telling HR they did not put their two weeks in before leaving.

They have confided in me (Minister) and I want to give them the correct answer.

In my opinion, they need to record their meeting. It is a shame this has to happen but maybe it is for the better.

Thanks for the help,
Jim

Discussion was had on this topic in the
[h=3]7 Rules for Recording Police[/h]thread.

Although the topic concerning the recording of police, it had all the pertinent information about recording in general.
[h=3][/h]

FallonJeeper · Apr 21, 2012

Stanley said:
NRS 200.650 Unauthorized, surreptitious intrusion of privacy by listening device prohibited.
http://www.leg.state.nv.us/nrs/NRS-200.html#NRS200Sec650

Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 704.195, a person shall not intrude upon the privacy of other persons by surreptitiously listening to, monitoring or recording, or attempting to listen to, monitor or record, by means of any mechanical, electronic or other listening device, any private conversation engaged in by the other persons, or disclose the existence, content, substance, purport, effect or meaning of any conversation so listened to, monitored or recorded, unless authorized to do so by one of the persons engaging in the conversation.

Bold added by me.

Wire tapping is covered by NRS 200.620..

NRS 200.620 Interception and attempted interception of wire communication prohibited; exceptions.
http://www.leg.state.nv.us/nrs/NRS-200.html#NRS200Sec620

If you are part of the conversation, you can't "intrude". Intrusion implies that you are listening only and not participating. Surreptitiously is acting or doing something clandestinely : stealthy. You have to meet both of these requirements to be in violation of this statute. This would be the recording of other peoples conversation, that you are not a party to, without their permission.

If you are in a conversation, you are not "intuding" nor are you surreptitiously listening, you can record it, in Nevada.

Stanley · Apr 21, 2012

FallonJeeper said:
If you are part of the conversation, you can't "intrude". Intrusion implies that you are listening only and not participating. Surreptitiously is acting or doing something clandestinely : stealthy. You have to meet both of these requirements to be in violation of this statute. This would be the recording of other peoples conversation, that you are not a party to, without their permission.

If you are in a conversation, you are not "intuding" nor are you surreptitiously listening, you can record it, in Nevada.

Yes, sorry I wasn't more clear. Authorization by a participant implies that if the one recording is part of said conversation then they can also consent.

So one can consent to record any conversation they are a part of without notifying anyone else.

jdholmes · Apr 21, 2012

To the root of the topic, though they are legally permitted to record any conversation they are a part of, I can't see a purpose to it when it comes to this situation.

If they are at will employees, they can be fired at any time for any reason, providing that reason is not covered under racial or sexual discrimination laws.

MAC702 · Apr 22, 2012

jdholmes said:
...If they are at will employees, they can be fired at any time for any reason, providing that reason is not covered under racial or sexual discrimination laws.

I was thinking the same, but it appears they are worried that lies may be told as a reason for the firing. While an employer can fire for any reason, IF he gives a reason, it better be a lawful one, and his lying may give you grounds for a civil lawsuit.

Rollbar · Apr 22, 2012

Thank you all for the info. I will pass it on and let the party decide.

Jim

Private Recordings - Private Party

Rollbar

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MAC702

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Stanley

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usmcmustang

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FallonJeeper

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Stanley

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jdholmes

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MAC702

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Rollbar

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