Is it legal to record a conversation secretly? Before pressing the record button on a private conversation, you should be aware of the law.
In NSW, the law prohibits the use of a listening device, which can include a mobile phone, to secretly record a private conversation; Section 7 of the Surveillance Devices Act 2007 (NSW).
However, there are important exceptions. If you are a party to the conversation, a recording may be permitted where:
- All the principal parties consent to the recording.
- You make the recording without intending to communicate or publish it to people who were not parties to the conversation.
If you are not a party to the conversation, secretly recording or listening to a private conversation is generally prohibited.
The penalties for unlawfully using a listening device can be substantial, including fines and imprisonment.
This article is general information only and is not legal advice.
