privacy police australia recording
Is it legal to record conversations with police?
<p>If I am stopped by the police for questioning on the street, would I be within my rights to record the conversation on my phone to avoid any looseness with accounts of what was said on either side? Would the police officer be allowed to refuse my request to record the conversation? And what if my phone just happened to be on my body recording before any conversation was initiated?</p>

<p>(I am asking this from the perspective of an Australian in Victoria - but I'm sure the answer from other jurisdictions would be interesting also.)</p>

<p>In New South Wales it is entirely <a href="http://www.sydneycriminallawyers.com.au/blog/is-it-legal-to-film-police-in-nsw/" rel="nofollow noreferrer">legal</a> to film police (or anyone else). However, as discussed (<a href="https://law.stackexchange.com/questions/1369/what-is-considered-public-in-the-context-of-taking-videos-or-audio-recordings/1380#1380">What is considered &quot;public&quot; in the context of taking videos or audio recordings?</a>) <em>audio</em> recording is more restricted: you must either have the permission of all the participants in a conversation or be a party to the conversation.</p>

<p>I do not imagine the law is any different in Victoria.</p>

<p>In the U.S. laws on audio recording vary substantially by jurisdiction.  One good clearinghouse of legal guidelines on the question is the non-profit <a href="http://www.rcfp.org/reporters-recording-guide" rel="nofollow">Reporters Committee for Freedom of the Press (RCFP)</a>.</p>

<p>In general (but perhaps not without exception), it is legal to record police while they are on duty, and more certainly when they are interacting with the public.  (Even if, as they often do, they assert in the moment that it is not legal to record them.)</p>
