Legal rules against unauthorized conversation recording by mobile.
sumit massy
(Querist) 02 November 2012
This query is : Resolved
Plz guide me whether any legal action can be taken against the person recording conversation in the school's principal office without any consent from authority with mobile. What can be done to overcome this problem. suggest me possibilities of misuse of that type of recording.
Ms.Nirmala P.Rao
(Expert) 02 November 2012
Dear Client,
First you talk to the person to delete the unauthorized conversation from the mobile. In case he refuses to do so issue a legal notice through as lawyer to delete it from his mobile. If still he refuses to do so file a civil suit FOR MANDATORY injunction ALONG WITH the relief of PENAL Damages to restrain the defendant who has unauthorisedly recorded the conversation on his mobile and the court after due inquiry woulds grant you the relief prayed for on account of your b. of breach OF YOUR RIGHT TO PRIVACY AND
In R.RaJGOPAL v.state oi Tamil Nadu(AIR 1995 S.C 264)" The SUPREME COURT HELD THAT RIGHT TOI PRIVACY IS PART OF right TO LIFE AND PERSONAL LIBERTY UNDER ART.,. 21 OF THE Constitution AND "no ONE HAS A RIGHT TO PUBLISH WITHOUT CONSENT, WHETHER TRUTHFUL OR OTHERWISE ANYTHING ABOUT THE PRIVATE LIFE OF A PERSON, HIS FAMILY, Marriage, procreation etc. The courts in general have held that Right To privacy and breach of Confidentiality may arise out of a commercial, matrimonial or even political.
Ms.Nirmala P.Rao
Legal Expert
V R SHROFF
(Expert) 18 November 2012
Was it confidential conversation?? touching anybody's private life??
was it published to attract defamation??
If Ans are YES, u can move cr court/as well as civil suit
