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Indian Law/Cell Phone Call Recorder Application.


Dear Javed

1. Can a Consumer having a Android cell phone device or any other wireless device with a call recorder application installed is not supposed to record phone calls conversation without taking prior permission from the other party ?.

Are there any legal bindings ?.

i.e. The party can file a case in the court if he/she comes to know that unknowingly the calls are being recorded by the consumer.

2. What are the legal solutions for the Consumer who would like to record and playback every call he/she receives from other parties
with the call recorder application ?.

The consumer has to approach a Lawyer to create a Legal document and then signed by both the parties mutually agreeing and consenting. The content matter will read "Granting Permissions
for Call recordings and playback by both parties".

i.e. Written legal document and not verbally spoken and
agreed by both the parties is the solution.  

Awaiting your reply,

Thanks & Regards,
Prashant S Akerkar

Hello Prashant,

The question you are is general in nature and I guess it does not pertain to an issue directly connected to you.

As for any application on Andriod, the agreement with the developer is that the content of the software use is wholly on the sole intention of the developer and user.

In my opinion the conversation between two individuals cannot be recorded except by permission of the other. This is applicable when a third party is hearing and recording the conversation. In case of two individuals, if the conversation is recorded then it becomes personal among the two. One should be careful and be particular that such conversations are curtailed sensing any kind of threat of recording.

The software generally have a special beep tone to indicate the other person that the conversation is recorded and try to be careful.

There is no law to address this issue on a consumer that he/she can be entitled to record the conversation and if there is any talk which is used to the detriment of the other, the right of the party is always open to question the act and actions of the other party in court of law.

I hope this suffice your query.

Best regards
Javed Razack

Indian Law

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Javed Razack


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