Do you want to know whether you can record a phone conversation for personal reference or during a dispute? With smartphones at our fingertips, capturing a phone call has become easier than ever. But when it comes to the legality of these actions, remember to tread carefully. So let’s answer the question “is it legal to record a phone call?” once and for all. 

Is it Legal to Record Phone Calls in Queensland?

There are many situations in which you might find yourself wanting to record a personal phone call in Queensland. Whether you’re in a conflict situation, or you’re just doing so to aid your memory, this can be a bit of a grey area.

Smartphones have made it easy to record conversations. For many people, it’s as simple as pressing a button on your phone. But, is it actually legal?

Generally speaking, in Queensland, you can record a private phone call without breaking the law. There are a few conditions, however, which are:

You have to be a known party to the conversation. So, you can record a phone conversation with someone who knows they are speaking with you. For example, if your boss rings you to talk about your work contract, you can typically record this phone conversation legally.

The recording has to be for your private records. So, if you make a recording, you can’t publish it or share it with others. This also means that you can’t type up a transcript and share that, either.

The recording has to be made with an external device. So, you can’t use a device connected to the other person’s phone to make the recordings (such as bugging the phone).

For businesses and organisations, the rules change slightly. You’ve likely heard a pre-recorded message informing you of the call being recorded when interacting with customer service or sales departments. These disclaimers are part of the regulatory framework businesses must adhere to when recording calls, but do not apply to individuals.

In most other Australian states, it is illegal to record a phone call. If you’re thinking about recording a phone conversation, and you’re not sure if it’s legal to do so, it’s a good idea to seek legal advice from a local lawyer.

Seeking Legal Advice on Recording Conversations

For more information and further clarity on the laws surrounding phone recordings, reach out to our team at Brooke Winter Solicitors.