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Case law: Court rules secret recording can be used in evidence, but advises caution. Parties to a dispute wishing to secretly record conversations, or obtain covert CCTV footage, should take legal advice on the potential problems in using such recordings, or risk them being inadmissible as evidence in court.
If you can prove that someone recorded you without permission, you may be able to bring criminal charges against them as well as sue them in small claims court. As protected by the Fourth Amendment, you have a right to a reasonable expectation of privacy.
Summary. An individual who is a party to an in-person, telephone, or electronic conversation, or who has the consent of one of the parties to the conversation, can lawfully record it. S.C.
South Carolina law provides that it is a felony to record an in-person or telephone conversation without the consent of at least one party. Illegal recording can also give rise to civil liability.
South Carolina law provides that it is a felony to record an in-person or telephone conversation without the consent of at least one party. Illegal recording can also give rise to civil liability.
South Carolina recording law stipulates that it is a one-party consent state. In South Carolina, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication.
Section 17-30-65 states that no illegally recorded communication may be used as evidence in any trial, hearing or proceeding before the courts of South Carolina.
The takeaway is that while courts may view secret recordings as unethical, it can still be admitted as evidence provided it fulfils certain thresholds regarding its authenticity and accuracy.
Illegal Recording Under the Wiretap Act Under the federal Wiretap Act, it is illegal for any person to secretly record an oral, telephonic, or electronic communication that other parties to the communication reasonably expect to be private. (18 U.S.C. § 2511.)