Keeping up with the Kardashians when recording and publishing private matters

When Kanye West's recorded telephone conversation with Taylor Swift appeared online it almost broke the internet. Swift quickly appeared on Twitter accusing Kanye of secretly recording the call and wife Kim Kardashian of posting online. It's now being suggested that the recording and publication could be in contravention of Californian laws on the use of a surveillance device.¹

In an age when digital technology has made recording and publication so readily available, covertly recording conversations carries real risks for anyone who decides to do so.

For those in the media, the smartphone and tablet are often integral tools for compiling a story which can involve covertly recording audio or vision of private conversations and activities. Beyond the media, it has become increasingly common in commercial litigation to see covertly recorded material play a part in the evidence parties seek to rely upon in matters of dispute. These can range from disagreements between