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Giving notice that you are recording someone - Do they have this in Poland?


archiwum 13 | 125
28 Feb 2014 #1
In the State of Washington, USA. Unless it is a criminal investigation, you have to give notice that you are recording someone,
otherwise it cannot be used in court. Like a defamation suit.civil lawsuit. Do they have this in Poland?
Polsyr 6 | 769
1 Mar 2014 #2
Someone (a friend) told me very recently that you are obligated to inform and/or take permission before you record.

I have not heard or seen anything else on this matter. Maybe I will ask my lawyer next time we talk.
OP archiwum 13 | 125
1 Mar 2014 #3
Polsyr,

As for the U.S. mail. If an agency wants to take your mail, then they would need a court order from a judge.
Polsyr 6 | 769
2 Mar 2014 #4
In the US tampering with someone else's mail without "correct permission" is a federal offense. Same applies in Canada by the way.
OP archiwum 13 | 125
29 Apr 2014 #5
Defamation Suits are hard to prove in some states like WA. USA.

Only 10% go to trial. You think a judge is going to award you a judgment. maybe.

The amount is decided by the judge. Dist. or S.C.

Going in another direction. An agency has to go through the U.S. Attorney's office and the federal judge. State/Federal.

One more thing to ad: A Subpoena For Records-Is an audit.

Any subpoena states what is to be taken. If it aint listed in the subpoena, and taken anyway, this would be grounds for the judge to through it out of court.
PC_Sceptic - | 70
15 Jul 2014 #6
To the best of my knowledge recording phone conversations in Poland without consent is illegal.

Anyhow in the US of A is a very different matter. It depends in which state one lives in.. There are two laws, first "One party law" & "Two (2) parties law".

In the latter case one must inform the other party that you will record the conversation.
Example I live in New York state the "one party law" and I am not obligated by law to inform you that i will record our conversation..

If one lives in California then there is an obligation to inform the other party.

The law however becomes tricky how and if one can use such recording in court litigations.
And on international level it becomes mumbo-jumbo..

And I do record all phone conversation for almost 10 years (starting with pda's) same with Skype including the video.
Not to eavesdropping on people that I talk to but strictly for personal references.

Here is the link to hard data on the matter in pdf format

link: rcfp.org/rcfp/orders/docs/RECORDING.pdf

easier and shorter data
link: dmlp.org/legal-guide/recording-phone-calls-and-conversations

simple map of US states, how the law applies to various states

vegress.com/index.php/can-i-record-calls-in-my-state
OP archiwum 13 | 125
17 Sep 2014 #7
If someone requests State Protection, then it would have to be authorized by a judge. Having state protection does not necessarily
mean you have a guardianship on you, like a full guardianship.
RubasznyRumcajs 5 | 488
18 Sep 2014 #8
You do not need anyone permission to record a conversation- as long as you are taking a part in that conversation. So- recording your neighbours talking (not with you, just amongst themselves) would be illegal, doing that when you all gather and talk is perfectly legal.

Publicizing that conversation is a different story.
PC_Sceptic - | 70
18 Sep 2014 #9
You do not need anyone permission to record a conversation- as long as you are taking a part in that conversation

Wrong.
If that was the case, you wouldn't hear warning about recording conversation (for whatever reason) while calling to all sorts of customer services

Publicizing that conversation is a different story

Well here we are. Recording for personal references is one thing since nobody knows that you have the recording.
But once someone knows, like I personally had such case, I was threatened with all kinds of lawsuits in Poland if make it public.
It was one on one telephone and skype (with video) conversation(s)/conferences.
I cannot talk about details since it concerns public figures (actually legends in their own minds but nevertheless public in Poland)
Monitor 14 | 1,820
18 Sep 2014 #10
RubasznyRumcajs is right. According to this article:

- recording someone else conversation is illegal
- recording our own conversation is LEGAL. It doesn't matter weather the conversation is private or as part of work. So such recording can be used in a court and you don't have to warn anybody that you will be recording.

About asking other person for consent to record conversation is written here:

Basically it says that companies ask for consent in order to be OK with the law abut data storing and processing. This law does not relate to private people.
PC_Sceptic - | 70
18 Sep 2014 #11
- recording our own conversation is LEGAL. It doesn't matter weather the conversation is private or as part of work. So such recording can be used in a court and you don't have to warn anybody that you will be recording

You have no idea what kind of Pandora Box it means to/for me.
Sometimes you gotta to love to be wrong.
So I was duped....mhhh
terri 1 | 1,665
18 Sep 2014 #12
Whenever anyone calls me (public utilities companies, salespeople) and tells me that the conversation is being recorded 'for training purposes', I always say, "please hold on whilst I get my recording equipment and I too will record the conversation 'for training purposes'". It's amazing how that throws them.
jon357 67 | 17,038
18 Sep 2014 #13
I suspect that's as much to cover themselves if there are customer complaints and to cover their staff if they complain to their supervisor that a caller has verbally abused them, which does happen. When I worked for a while years ago for First Direct it was fun to hear the supervisors calling abusive customers the next morning, tearing a strip off them and closing their account.
Monitor 14 | 1,820
18 Sep 2014 #14
Whenever anyone calls me (public utilities companies, salespeople) and tells me that the conversation is being recorded 'for training purposes', I always say, "please hold on whilst I get my recording equipment and I too will record the conversation 'for training purposes'". It's amazing how that throws them.

But you realize that according to what I wrote, as a private person, you don't have to tell them about you recording them?


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