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jcocker

Audio recording without permission

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jcocker

A friend who lives in Scotland is in dispute with a tradesman who carried out work on his house. He asked me for help, but I am not sure myself...

He would like to find out if he can secretly (and legally):

- Audio record the tradesman when he visits his house to discuss the problems. The intention is to potentially collect evidence that may be useful if the dispute ends up in court.
- Audio record another tradesman that he intends to invite to his house to inspect and comment on the quality of the work. He was unable to find any tradesman that was prepared to comment on the quality of the work on record. Paying a surveyor to produce a report would be too expensive for him. Again, his intention is to potentially use the recording in court.

Both recordings will take place in his house, and without the knowledge of the other party.

His questions are:

1. Is it legal to audio record someone in your house without their permission?
2. Will the recordings be admissible in co

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Strathy-

First of all, this isn’t a Police matter as it’s a civil matter it’s not criminal. 

There is nothing in law that prevents someone from recording another person, the problem more comes from what you do with that recording for example if you share it with third parties without their permission they could take civil action against you. 

I would say that recording another tradesman (because they say it in public) is very risky and in my view is morally wrong. You’re using his opinion against someone else in his industry which could affect his business and his reputation and so you could end up with action against you. You’re also using a workman and not paying him which is just costing him money because you’re not willing to spend the money. 

A secret recording (even if it was illegal) can be admissible in court however this is at the discretion of the sheriff.

Edited by aero2

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