This was once a strictly protected privacy requirement. Courts would dismiss any evidence, if it was obtained illegally, (without the knowledge and consent of a party in legal proceedings). Any personal identifying features, (like picture of a face, video of a person, voice, conversation, or admission, just like the fingerprints or medical information), were considered private and confidentioal. Such recording and its use was legally permissible, if the person recorded gave his or her consent, or when the recording party had an appropriate judge’s order. Today, this protection and right to privacy are being increasingly violated by authorities, government agencies and corporations.

We all routinely experience the following message, when we call a business or a service:

This conversation is being recorded for quality and training puropses.

I just received a phone call this morning to confirm my tomorrow’s appointmment at the car dealership. The person calling began with saying that the conversation was being recorded. When I asked who gave him a permission to recerd my voice, he started yelling and said, “I am just doing my job”. I immediately called that dealership, voiced the same concern and was transferred to the service manager. He listened and said, “This is why we are informing you that the conversation is being recorded”. When I replied that they should ask for my conset before and not after the recoding started and was already running, he became very official and quickly ended the concersation.

Why is this important? We often hear that personal data is being collected by various agencies or businesses for advertising puropses and also as means to improve invigilation and investigation. Voice analysis and identification technologies exist and are being used widely. Possession of such data helps tighten government’s and corporate control of society. It can be used by foreign states for subversion purposes, blackmail, and to sabotage our political process. Such uses are unacceptable in our culture and in our constitutional order.

Here is a legal interpretation of this phenomenon:

Question:

Does recording someone’s voice require that person’s consent in Canada?

Answer:

In Canada, recording someone’s voice without their consent is generally not permitted, but the “one-party consent rule” allows recording if at least one person in the conversation consents. This means you can record a conversation with another person if you are a participant and consent to the recording, even if the other person doesn’t know. 

Elaboration:

• One-Party Consent Rule: The Criminal Code of Canada, under Section 184, states that recording a private conversation is illegal unless at least one person involved in the conversation consents to the recording. This means you can record a conversation as long as you are a participant and you are consenting to the recording. 
  
• Surreptitious Recording: It’s generally illegal to possess surreptitious recording devices, meaning devices designed to record conversations without the knowledge of the other party,. 
  
• Privacy Considerations: While the one-party consent rule exists, it’s important to consider privacy implications and ethical considerations. Recording a conversation without the knowledge of the other party might be considered unethical or could lead to legal issues if the recording is used in a way that is harmful or defamatory. 
  
• Examples: If you’re having a personal conversation with a friend, family member, or colleague, the one-party consent rule typically applies, allowing you to record it as long as you are a participant. However, if the conversation is with a business, it’s best to ensure that the other party is aware of the recording, especially if you intend to use it for legal purposes. 

Making sure that “the other party is aware” is not enough. The other party needs to give an informed consent before the recording is activated, (not after).