FACTS:
The property manager often calls the owners for whom he manages properties to obtain verbal approval for property repairs.
Is it illegal to privately record someone without their consent?
While not publicly viewable, a degree of privacy is expected, making it illegal under certain circumstances to record someone without their permission. If you are on personal property, it is up to the owner’s discretion whether photos and videos are allowed. If the landlord prohibits photos and videos and you decide to take or record them anyway, you may be asked to leave the home or even arrested for not following the landlord’s requests.
There are currently 36 states plus the District of Columbia that are one-party states. A one-party status means that as long as you are part of the conversation, you can record that conversation without the consent of the other party.
Is it ethical?
That depends on whether you think it’s wrong to record the truth. I know a masseur who records his massage sessions to protect himself from allegations of inappropriate behavior. That saved his butt more than once.
Here’s the quick rundown:
Penalties for Illegal Wiretapping
Anyone violating Arizona wiretapping law is subject to a criminal offense punishable by imprisonment and a fine can be. Depending on the severity of the case, the prison term can range from 6 months to 10 years. Violating the state’s hidden camera law is another crime that carries similar penalties. Keep in mind that you could also be faced with an additional civil claim for damages from an injured party.
If you are accused of illegal wiretapping, contact a lawyer immediately. Depending on the severity of the case, you may face a serious trial with high penalties. Let the legal team assess the facts of your situation here and help you plan the next steps in your defense. Regardless of whether you believe your allegations are overstated or unjustly incriminating, hiring an experienced attorney is your most effective defense.
Reasonable Expectations of Privacy
Because people have reasonable expectations of privacy in certain situations, you must obtain the consent of one or all parties involved in a situation where a common person would consider it private. Alternatively, you can record conversations taking place in public places like a shop or on the street without consent as the same privacy expectations don’t exist.
It may be different when an attorney records a conversation without the consent of all parties, as it may be considered unethical under Arizona professional rules. If a lawyer suggests that a client record a conversation and legally does so without any action on the part of the lawyer, that’s fine.