Passive101
Regular Member
My mom is having a possible legal issue with an employer. She spoke to an attorney Mark in Whitewater who told her flat out that it is illegal to record a conversation without both parties knowledge. She has had surgery to remove a cancerous lump. Her POE is threatening and not honor the family medical and leave act.
This is what I have found so far. Does this mean you can record anywhere, it just may not be accepted in court? Could someone that knows more about the law help me out?
Wisconsin abides by the Federal law stating that at least one person
involved in the conversation must consent to the recording. Part of
the Wisconsin statute states:
?A person who is a party to a wire, electronic or oral communication,
or who has obtained prior consent from one party, can legally record
and divulge the contents of the communication, unless he does so for
the purpose of committing a criminal or tortious act.
Under the statute, consent is not required for the taping of a
non-electronic communication uttered by a person who does not have a
reasonable expectation of privacy in that communication. See
definition of "oral communication," Wis. Stat. § 968.27.
Effective Feb. 1, 2003, the punishment for recording or disclosing the
contents of a conversation without the appropriate consent is
imprisonment for up to six years and/or a criminal fine of up to
$10,000. Wisconsin law expressly authorizes civil damages for
violations and allows recovery of the greater of actual damages, $100
for each day of violation or $1,000, along with punitive damages,
litigation costs and attorney fees.? (?Wisconsin, Wis. Stat. § 968.31?
http://www.rcfp.org/taping/states/wisconsin.html )
However, if for some reason the tape should need to be heard in a
Wisconsin court, it usually will not be accepted unless everyone
involved was told they were being recorded and that the recording
might be used in court.
It is perfectly legal (both from a federal and state standpoint) to
record any meeting or conversation where your tape recorder is in
view. However, where an expectation of privacy might be presumed by
the participating parties, consent had best be obtained.
This is what I have found so far. Does this mean you can record anywhere, it just may not be accepted in court? Could someone that knows more about the law help me out?
Wisconsin abides by the Federal law stating that at least one person
involved in the conversation must consent to the recording. Part of
the Wisconsin statute states:
?A person who is a party to a wire, electronic or oral communication,
or who has obtained prior consent from one party, can legally record
and divulge the contents of the communication, unless he does so for
the purpose of committing a criminal or tortious act.
Under the statute, consent is not required for the taping of a
non-electronic communication uttered by a person who does not have a
reasonable expectation of privacy in that communication. See
definition of "oral communication," Wis. Stat. § 968.27.
Effective Feb. 1, 2003, the punishment for recording or disclosing the
contents of a conversation without the appropriate consent is
imprisonment for up to six years and/or a criminal fine of up to
$10,000. Wisconsin law expressly authorizes civil damages for
violations and allows recovery of the greater of actual damages, $100
for each day of violation or $1,000, along with punitive damages,
litigation costs and attorney fees.? (?Wisconsin, Wis. Stat. § 968.31?
http://www.rcfp.org/taping/states/wisconsin.html )
However, if for some reason the tape should need to be heard in a
Wisconsin court, it usually will not be accepted unless everyone
involved was told they were being recorded and that the recording
might be used in court.
It is perfectly legal (both from a federal and state standpoint) to
record any meeting or conversation where your tape recorder is in
view. However, where an expectation of privacy might be presumed by
the participating parties, consent had best be obtained.
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