Can I record a phone conversation – is it legal?

Recent News & Information
8 April

Wondering if you can record a phone conversation for personal reference or during a dispute? With smartphones at our fingertips, capturing a phone call has become more accessible than ever. But when it comes to the legality of these actions, remember to tread carefully.

It is Legal to Record Phone Calls in Queensland?

There are many situations in which you might find yourself wanting to record a personal phone call. 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.

Smart phones have made it easy to record conversations. For many people, it’s as simple as pressing a button on your phone. So, is it legal to record a phone call in Queensland?

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

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 phone to make the recordings (such as bugging the phone).

For businesses and organisations, the rules shift 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.

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.