Audio recordings by builder

[carriestowman1983]

Hi everyone, I'm in dispute with a rogue builder who I've made a complaint against. The builder has stated that they have made audio recordings of our conversations in my own property. I was not aware of this and did not consent to it.

Can anyone please advise if this is legal? Thank you.

I'm guessing if these recordings exist, and you are worried about them being able to be used then they support the builders case... are you sure it's the builder that's the rogue? 🤣

Businesses are allowed to record conversations without consent and without informing people they are being recorded for a variety of purposes - evidence of business conversations, reviewing quality standards, preventing or detecting criminal activities, etc. They ought to be registered with the ICO if they are doing so. They can use the recordings as evidence in court (with the court's consent) and for the purposes for which they were collected. This is not an exhaustive description of the law, just a brief summary.

If the builder is a sole trader, the rules for personal use apply.

He can record for his own use without your consent. He can also transcribe them and use them to refresh his memory of who said what and when. If you dispute that then you open the door to the recordings being accepted as evidence.

If he is a rogue trader then you'd be happy to have recordings.

It doesn't need your consent to use them in court. It would be up to the judge to decide whether they were admissible. If the recordings were relevant, they would probably be admitted as evidence regardless of your objections.

This - but there is also a way around it. He simply needs to transcribe the recordings and present them in court as evdence. If you dispute they are true then he offers to provide the recording as evidence that the transcripts are true.

What I would be interested in is why he thinks that they are evidence of something, and why you are so keen to try to prevent the recordings being used. Because right now it is sounding rather like he has evidence that proves you are lying about something pertinent to the dispute. And since you are calling him a rogue tradesman, he does have the right to to question your veracity.

The builder has stated that they have made audio recordings
Do the recordings actually exist?

It's illegal for them to share the recordings though without your consent but they could be offered as evidence in court yes

A judge decided if they're to be brought to court not you op

It would be down to a judge to decide if they could be used or not. Why is it an issue if they are though?

I don't think the personal use thing applies to businesses and in a work capacity. The Information Commissioners Office can advise and have a live chat as well as lots of online info.

Many thanks for the swift response.

So effectively, the recordings are worthless as I wouldn't consent to them being used in court.

Yes, it is legal. Provided the person recording the conversation is doing so for personal use, they can go ahead without letting the other parties in the conversation know it is being recorded or getting their consent.

The builder may be able to use these recordings as evidence in court. However, they cannot share the recordings with others (other than their lawyer) without your consent.