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Another Watergate? Recording without consent?

Question: “An employee placed a recorder in a meeting but none of the participants were aware that she was recording the session. She later confessed to me that she recorded it. What should I do?”  — Amanda

 

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14 Responses to "Another Watergate? Recording without consent?"

 
Lynne
said this on 04 Sep 2009 2:08:16 PM EST
Why did she record it? This might be something you would want to take to your supervisor, just as an FYI. They can decide what to do with the information from there.

 
Charlotte
said this on 11 Sep 2009 1:05:07 PM EST
I agree what is the purpose of the recording. Was she taking minuets for the staff or is it a personal revenge on the person to try and get her fired. What is her motivation?

 
Tawney
said this on 04 Sep 2009 2:29:36 PM EST
Does she report to you? Was something particularly confidential discussed in the meeting? If it was a routine meeting and nothing of particular importance or confidence was discussed, you should encourage her to destroy the tape and tell her that was inappropriate of her to record without others knowledge and to not do it again (and I would probably discuss the issue with her supervisor if that is not you). If topics of a sensitive nature were brought up (which I suspect since you're questioning it) I would think you should report her (give her forewarning).

 
Red
said this on 04 Sep 2009 2:33:03 PM EST
I'd like to say, "give her the benefit of the doubt." Perhaps she has trouble hearing everything being said in these meetings, or trouble remembering. What ever her reasons, she obviously didn't know this was very, very wrong. In some states, it is also illegal.

I would mention your concerns to her, as a courtesy, but definitely take this to my supervisor. Even if there was no propriatory information shared at that meeting, this sets a very bad precedent, and should be dealt with by someone in authority.

If her problem does involve a "reasonable accommodation" , there are assistive technology devices that can help her, without breaking the law.

 
Mark
said this on 04 Sep 2009 4:26:11 PM EST
We had a HUGE issue about four or five years ago with something similar. People found out weeks later that someone had recorded them without their knowing it. This is illegal. Some were furious and were considering legal action. It caused so much damage to the reputation of the person who did the recording (she said she didn't know it was illegal) that she ended up leaving shortly thereafter.

Honestly is the best policy. Either immediately erase the tape(s) and let those in the room know they were recorded by someone who did not know it should not have been done, or let them know first and give them the option of listening to the tape (so they hear firsthand what was recorded) and then erase the tape after everyone has heard it. Letting them listen to it first removes the mystery of the tape and lets them know that nothing was recorded that can be used against them.

If you don't tell the people involved, and they find out about it later, you might have them legitimately angry about both the taping and the cover-up. And once people know a cover up took place, it could make them paranoid and wonder what other things have happened that were covered up.

But, if it's taken care of properly right at the start, it might end up being no big deal and everything will be okay.

 
Tish
said this on 04 Sep 2009 5:01:48 PM EST
Ok let me get this straight. This person put a tape recorder on the table and NO ONE knew she was recording. If I saw a tape recorder on the table I would ask if she was recording the meeting and ask why. Everyone there has responsibility and should not be so mad at her without knowing why she recorded and why they were so passive

 
Deb
said this on 08 Sep 2009 8:30:32 AM EST
It sounds like she didn't know she was doing anything wrong. Though, hiding the recorded might give some indication that she wasn't sure whether she should be doing it. The tape should be erased and the employee should be instructed that this is not a legal practice and as Mark noted, tell the meeting attendees what happened and the problem was rectified.

If she truly did it so she could go over the minutes later to make sure she got all the information correct, again, best of intentions but a lesson learned. We ALL sometimes have the best of intentions when it comes to getting our work done to the best of our ability and sometimes don't realize what we are doing is wrong.

Though it is curious as Tish mentions, if the recorder was on the table, why no one even saw it.

 
Mary
said this on 08 Sep 2009 9:07:40 AM EST
I think it depends on what state she is working in. Some states allow tape recordering without permission, as long as the party that is doing the taping participates in the conversation that is being taped.

 
Elaine
said this on 11 Sep 2009 1:16:17 PM EST
I was told by a labor law attorney that you may tape record any conversation that you are involved in. This means meetings, also. However, it does not mean you can tape private conversations that you are not invited to.

 
Lee
said this on 11 Sep 2009 1:29:45 PM EST
I tape two formal meetings for which I type minutes. The tape recorder is in plain sight of all members and at the start of each new committee year the chairperson reminds the committee the meetings are taped. Per our legal counsel, all notes and audio recordings whether they are electronic, handwritten or magnetic tape are destroyed after I have drafted the formal minutes and they have been approved by the committee. The formally approved minutes are the committee's official summary of what occurred.

 
Rose
said this on 14 Sep 2009 12:15:41 PM EST
I tape all our meetings, especially because I wouldn't be able to remember everything that was said and by who. But, like Tish said, you can't hide a tape recorder. If you tape anyone without their knowledge, that is a different story, but I always let everyone know that the meeting is going to be taped and I will send everyone a copy of the typed minutes.

 
Carmen
said this on 25 Sep 2009 2:16:10 PM EST
Wow, this is amazing. Regardless if it's legal or not, people have the right to know you are being recorded. Even now when you call any business they inform you that the conversation will be recorded and you have the option to tell them to turn off the recording if you choose not to be recorded. That employee, regardless of her reason, had to tell everyone in that room that the meeting was going to be recorded, no matter what!!!!!!

 
Des
said this on 16 Oct 2009 9:06:13 PM EST
My comment about this is there are times when I WISHED I had recorded some meetings. A sad fact is, some people are LIARS. That's all I have to say about this.

 
Pat
said this on 11 Nov 2009 11:30:17 AM EST
It depends on the state. Here is a good link: http://www.rcfp.org/taping/




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