Taping of conversations

[Dorothy D]

What is the name of your state (only U.S. law)? Texas

Read the laws on recording conversations in the state of Texas. Need interpretation or definition of Texas Code of Criminal Procedure AR 18.20 "oral communication means an oral communication uttered by a person exhibiting an expetaton that the communication is not subject to interception under circumstances justifying the expectation" and "consent is not required for taping of a non-electronic communication uttered by a person who DOES NOT HAVE REASONABLE EXPECTATION OF PRIVACY IN THAT CONVERSATION"

In other words if I am in my private office, with the door shut, having a conversation with a person - is that not "reasonable expectation of privacy?" That person cannot tape our conversation under the Texas code.

Is this correct?

 

[pattytx]

Anything you do on company property does not invoke a "reasonable expectation of privacy" unless you're in the restroom. You're on company time. If you want to have a private conversation, do so at lunch, on your cell phone, in your car or other quiet place.

 

[Betty]

Texas Penal Code § 16.02 allows recording by a party or with the consent of one party, so long as there is no tortuous or criminal intent.

& as Patty noted, in the work place you can't really expect a "reasonable expectation of privacy."

 

[Dorothy D]

Taping Conversations

Got it. So as a manager, in the future, I need to meet with my subordinate employees in the restroom from now on (which by the way is open to the public with many people going in and out so I don't really see how that is considered "private"), to ensure they cannot legally tape our conversation without my knowing it, since my private office with door closed is not considered private.

Understand. Thanks for all the feedback.

 

[BOR]

Dorothy, the case law controls any such statute.

Go to a library where they have the TX code, it does not have to be a law library.

Look up the section you cited. After it will be case law Annotations. These are decisional law citations. See if any are on point with your facts concerning the workplace.

Annotations are merely a syllabus or brief explanation of the body of the decision.

If you wish to read the whole case of the citations you find, then a law library will have to be visited.