Is it legal for someone to record someone speaking without their consent?

If the disclosure of personal information has a very bad impact on the individual, then he can file a lawsuit with the court to claim compensation and apologize, restitution, etc., according to the scope and extent of the impact.

Strictly speaking, privacy should include private matters and actions other than personal secrets that are not intended to be known to others. An important condition for the normal life of citizens is the tranquility of their spiritual life, and ordinary people want to keep and maintain the secrets of their private lives. Therefore, as long as the published audio recording involves privacy, it may be determined to be an infringement of privacy.

Measures for the Legal Protection of Privacy: Courts may use the General Principles of the Civil Law and the Opinions of the Supreme People's Court as guiding principles, and carry out creative case filing and acceptance work with reference to similar content of infringement of the right to reputation, and as long as the law does not expressly provide that infringement cases shall not be accepted, they shall accept them in accordance with the law, and properly resolve the infringement of privacy. In terms of the scope of the case, regardless of whether the infringement is intentional or negligent, whether the infringement is minor or serious, and whether the scope of impact is large or small, as long as the victim has definite evidence, the case should be filed and accepted. In determining responsibility, a judgment may be made based on the nature of the conduct, the degree of intent or negligence, and the infringer's attitude of admitting fault.

In terms of the way of liability, attention should be paid to the material compensation for privacy infringement, and it should be combined with the form of liability such as formal apology, restoration of reputation, cessation of infringement, and elimination of impact. As long as the victim demands that the infringer bear compensation for the infringement of privacy, the court should first consider applying this method of liability and support it on the basis of ascertaining the facts. The amount of compensation should be determined according to the degree of infringement, the size of the liability, and the ability of the perpetrator to bear it, and judges should be given greater discretion in the amount of compensation, rather than being confined to a uniform standard and model.

In terms of the time limit for trial and enforcement, a system for immediate conclusion and enforcement should be formulated. Privacy infringement cases are generally simple and the facts are clear, and special trial time limits and enforcement period systems should be formulated to reduce the litigation costs of the parties, which is conducive to the timely and reasonable protection of privacy rights.

It is illegal to record the conversation of the other party without their consent;

The parties have the right to file a civil lawsuit to report the other party's bad behavior to the relevant units;

If the circumstances are not serious, a warning will be given, and if they still do not repent, they may report to the public security organs for handling;

If the conversation is leaked, it will definitely be illegal!! Invasion of privacy Unless you record a conversation of a criminal nature, use it as evidence

If it is not legal, you can sue him or her

It's not legal, see if people will pursue it.

See how you use it.

It is illegal to use it for profit or to invade the privacy of others without permission.

It depends on what you want to do, if it's just a simple record, it shouldn't be a problem if it doesn't invade other people's privacy.

Commercial use is unlawful, evidence is not.

Sometimes it can be used as evidence.

Summary. It depends on what the nature is, if it is a large business or a large company customer service, (such as mobile, Unicom, Haier, Gree, etc.) there is no problem.

But if it's selling insurance or something, you need to be careful, sometimes you are fooled, in case you say words such as "good" and "can". It is quite possible to be tacitly entered into their agreement.

So to distinguish the type, you can choose to reject the other party's recording.

Can you refuse the recording of the other party during the conversation?

It depends on what the nature is, if it is a large business or a large company customer service, (such as mobile, Unicom, Haier, Gree, etc.) there is no problem. But if it's a person who sells insurance or something, you need to pay attention, sometimes you are fooled, in case you say words such as "good" brother "can".

It is very common to be the first to be tacitly signed into their agreement. So to distinguish the type, you can choose to reject the other party's recording.

If you want to protect the content of the conversation from being leaked, and if you don't imitate it, you will be stolen by the other party to record it with a mobile phone or a voice recorder, so you can use interference or shielding methods to make the other party's recorded voice become noise.

In order for recorded evidence to be legally valid, the following three conditions must be met at the same time:

1. The recording evidence presented by the parties has not been edited, edited or forged, is closely connected, the content has not been tampered with, and has objective authenticity and coherence;

2. The acquisition of audio recording evidence must comply with the provisions of the law. If the holder of the recording evidence uses the recording materials that invade the privacy of others or violate the provisions prohibited by the law, such as the audio recordings obtained by eavesdropping on the premises or residence of his parents to help them return the house and goods, it is evidence obtained in violation of the prohibition of the law and cannot be used as evidence in litigation;

3. The other party does not raise a refutation or the reasons for the refutation are not established. When the court uses the recording evidence as the basis for adjudicating a case, it should also examine whether the recording evidence is doubtful. If the opposing party challenges the audio recording and adduces sufficient evidence to refute it, the audio recording will lose its probative force; If there is not sufficient evidence to refute it, then the recording evidence loses its probative force, and if there is no sufficient evidence to refute it, the court should confirm the probative force of the recording evidence.

Legal basisArticle 1032 of the Civil Code of the People's Republic of China.

Natural persons have the right to privacy. The privacy rights of others must not be infringed upon by any organization or individual by means such as espionage, invasion, leakage, or disclosure. Privacy refers to the tranquility of a natural person's private life and the private space, private activities, and private information that he or she does not want others to know.

It is illegal to record a conversation without permission, and if it is not in a public place or not for the needs of the public interest, it is illegal to secretly record others without authorization. shall be detained for up to 5 days or fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.

Article 50 of the Criminal Procedure Law: Materials that can be used purely to prove the facts of a case are all evidence. Evidence includes: (1) physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications of criminal suspects or defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual and electronic data.

Evidence must be verified to be true before it can be used as the basis for a verdict. Article 51: The people's procuratorate bears the burden of proof that the defendant is guilty in a public prosecution case, and the burden of proof that the defendant is guilty in a private prosecution case is borne by the private prosecutor.

It is not legal to record Bi Minyin privately during a conversation, and private recordings generally cannot be used as evidence, but if the private recording is not obtained in a way that infringes upon the lawful rights and interests of others or violates the prohibitive provisions of the law, the recording can be used as evidence. Only the audio and video recordings that have been procedurally cross-examined and have substantive legitimacy, authenticity, and relevance can be used by the judge as the basis for determining the facts of the case. The judgment of evidence is first of all to judge the legitimacy of evidence, and the legitimacy of evidence is the qualification to be used as evidence and as the basis for determining facts, which is called probative capacity in procedural law, and the legitimacy of evidence focuses on the form and method of obtaining evidence.

Article 68 of the Full Text of the Rules of Evidence in Civil Procedure: Evidence obtained by methods that infringe upon the lawful rights and interests of others or violate the law's prohibition on the prohibition of handwriting cannot be used as the basis for determining the facts of the case.