• definitemaybe@lemmy.ca
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    10 hours ago

    I’m pretty sure this is incorrect. I’m not a lawyer, and the person I’m quoting below likely isn’t either, but this lines up with my understanding:

    In Canada we have one party consent, which means you can record a conversation you are part of. Doesn’t matter where the other people are because you are in Canada and Canadian law applies to you at that time.

    If the other party is in the USA then US law applies to them and the actions they take must conform with US law… but US law doesn’t dictate what you can do and Canadian law doesn’t dictate what they can do.

    However, one party consent has nothing to do with publishing. Releasing these recordings may breach privacy laws or if the information is confidential under an NDA you might be sued for revealing it.

    • Cort@lemmy.world
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      9 hours ago

      After further research I think it’s actually more strict in Canada than the US due the need to provide an alternative. In order to comply with pipeda:

      The individual must be informed that the conversation is being recorded at the beginning of the call . . . If the caller objects to the recording, the organization should provide the caller with meaningful alternatives. The alternatives might involve not taping the call; visiting a retail outlet; writing a letter; or, conducting the transaction over the Internet.

      • definitemaybe@lemmy.ca
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        7 hours ago

        My understanding is that businesses have more rules than individuals.

        I looked into this ahead of a meeting with my boss a few years ago about my future employment (my contact was expiring). I wanted to record the meeting in case there was something said that I might want to take to my union. Based on my reading at the time, my understanding is that individuals in Canada can record any of their private communication, with no limits, for personal storage and review.

        I think that any individual can record any/all of their personal phone calls made anywhere in Canada without informing anyone else that a recording is being made.