<P> Telephone recording laws are laws that govern the civilian recording of telephone conversations by the participants . Recording by government or law enforcement (wiretapping) are usually covered by distinct laws . </P> <P> Telephone tapping is strictly regulated in many countries, "especially in all developed democracies, to safeguard the privacy of telephone users ." Telephone tapping often must be authorized by a court, and is normally only approved when evidence shows it is not possible to detect criminal or subversive activity in less intrusive ways; often the law and regulations require that the crime investigated must be at least of a certain severity . In many jurisdictions however, permission for telephone tapping is easily obtained on a routine basis without further investigation by the court or other entity granting such permission . Illegal or unauthorized telephone tapping is often a criminal offense . However, in certain jurisdictions such as Germany, criminal courts may accept illegally recorded phone calls without the other party's consent as evidence . </P> <P> The federal Telecommunications (Interception and Access) Act 1979 and State and Territory listening devices laws may both apply to monitoring or recording of telephone conversations . The general rule is that the call may not be recorded . Section 7 of the Telecommunications (Interception and Access) Act 1979 prohibits intercepting a telephone call . "Interception" is defined in section 6, of which one element is that it is made "without the knowledge of the person making the communication". There are exceptions to these rules in very limited circumstances, including where a warrant applies . </P>

Do you have to have consent to record a conversation