Question:
Hi, I was wondering what is the halachic position on secretly recording a private phone conversation? I believe in secular US and Australian law it is generally illegal, but in secular Israeli law it is legal. A follow up question is would information gleaned from a secretly recorded conversation be admissible in Beis Din? Thank you.
Answer:
In halacha it seems that the actual recording of the conversation is not the issue, it is using the recording and playing it for others that is an issue. The Gemora says (also see Chofetz Chaim Rechilus 8-5) writes that a person that tells someone else something in private, that it is forbidden for the second person to say it over to someone else. This would include a private conversation that two people had, that the first person doesn’t want others to hear it.
Regarding Bais Din, if the conversation was between the two sides, it might technically be permitted, however the Bais din might not trust it on the level of real testimony and they may doubt the authenticity of it.
Best wishes
