The legality of covert recording

Steven Heffer, head of media & privacy, Collyer Bristow, 15/04/2020

You may be surprised to learn that recording someone without their consent is not necessarily unlawful.

In recent reports of litigation concerning the Barclay family it emerged that parties to litigation between family members had covertly recorded Sir Frederick Barclay at the Ritz hotel over a period of several months, without his consent.

This covert audio surveillance was calculated to capture personal, confidential, sensitive and legally privileged information.

It can of course be tempting to record conversations or events when you are going through a dispute or litigation but is it legal?


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