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by IshKebab 1021 days ago
Do it anyway. You can always not use the recording if the penalty for recording is going to be more than the benefit it gives you (unlikely).
2 comments

Be careful of your jurisdiction. In some places, the act itself of secret recording can be a criminal offence. In that case, you will want to include the possibility of prison in your cost-benefit analysis.

E.g., Germany: StGB 201 ยง 201 Verletzung der Vertraulichkeit des Wortes https://www.gesetze-im-internet.de/stgb/__201.html

In some places, secret recordings are useless as evidence (e.g., two-party consent states in the United States), while in others even illegal recordings may be admissible anyway (e.g., Sweden).

I can't help but think secret recording laws are there to protect the elite more than the common person...
I think it still depends on local circumstances.

For example, in Germany, a lot of the privacy culture (and therefore, laws) came about because of how the secret police terrorised the common people, for example, using secret recordings and worse (e.g., secret evidence).

But in other places, sure, I would agree with you.

201 StGB is nowadays mostly used to prosecute people recording police actions. How... ironic.
It's legal in Sweden to record secretly as long as you are one of the parties in the recording.
Yeah, a good nuance that my original comment did not capture. Thanks. I edited my original to try to make what I meant clearer.
It was like that in Poland .. until some politicians got recorded and recordings leaked to the press, you can guess how that changed the law.
I think NY is the same IIRC.
Secret recording may be a criminal offense. I am not a lawyer in any jurisdiction, but it appears to be a felony in parts of the US. Admitting to felonies in court is probably not a good legal strategy. Even if you don't get arrested I am not confident the evidence would be admissible.

EDIT: I know there are places where secret recordings are illegal but don't know the expected penalties. Recordings are probably legal in a "one-party consent" state. Be wary; certain kinds of recording may be illegal even if recording is legal in general.

In a lawsuit, you will be required to hand over all relevant records. It is illegal to destroy them or fail to hand them over. The penalties for doing so could be severe.

But even if you get away with it, hiding evidence would be wrong. Don't respond to sleaze with yet more sleaze. Maybe you'll win the fight or maybe you'll lose it, but you will always lose something of yourself.

> But in any case it would be wrong. Don't respond to sleaze with yet more sleaze.

Is it wrong, or just illegal some places?

Is it only "sleaze" where it's illegal, or everywhere?

Secret recording is illegal in Germany. It violates Section 201 of the Criminal Code.

https://www.gesetze-im-internet.de/englisch_stgb/englisch_st...