What is the law regarding being voice recorded without your knowledge?

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What is the law regarding being voice recorded without your knowledge?

I work in a direct care home. One of the clients was asking the same question over and over. I finally told her in a strong tone the same answer as I told her before (I did not hit her). While doing so, the other staff recorded me without my knowledge. I was suspended 1/2 before my shift ended.What I want to know is, was my being without permission recorded illegal?

Asked on May 12, 2018 under Personal Injury, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

MI is what is known as a an "all party consent" state. this means that all people engaged in a conversation must consent to its being recorded. That having been said, there are exceptions to this. If a conversation takes place in a public place then consent is implied; no overt consent is required since anybody present could overhear the conversation. So depending on where you spoke to this client, the conversation may or may not have been private. For example, if it was held in the client's room, then consent would have been required. However, if it was held in a communal living area with others present, then there would be no expectation of privacy so no consent would be needed to record.


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