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A person who was conversing with me in my house, revealed after the fact that they recorded a personal conversation. I became concerned where this was being stored (for later use) and if it was shared with anyone other than the person recording it. I'm aware that in Texas, it is a one-party consent state. I have a couple of questions I could not find in the law.

  1. if you inform the person that you revoke consent or expicitly state you do not give permission to record, does that override the one-party rule?

  2. I understand they may have the right to record without my consent, but if they choose to share that recording with another person (and not just keep for their own record), does a new consent rule come into play?

  3. Can I have the person sign a document stating that they will not record any conversation shared in certain settings (e.g. anywhere on my property such as home or car)? Will that override the one-party consent?

  4. Is there any way to block consent to record legally, either in writing or verbally, in the State of Texas?

Thank you, Chris

  • If they didn't tell you about the recording before they made it then they don't have your consent, so you can't "revoke" it. – Paul Johnson Jul 21 at 7:34
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Since your consent is not required in Texas, revocation is irrelevant. Restrictions of use of recordings flow from the legal nature of the recording itself, so there is no provision saying, for example, that only one party needs to consent for just recording, but all parties must consent to make any use of the recording. Since these laws were devised to regulate the practice of wearing a wire and collecting evidence of crimes, requiring consent from all parties would be counterproductive to the purposes of the law.

You could try drafting a contract where you pay people to not record you (anybody who doesn't sign, you shouldn't talk to them), but enforcement could be tricky, so I would not try a DIY contract: get a lawyer. You would have to show that you were harmed by them making an unconsented recording. It should be in the form of a contract where you give something of value in exchange for something of value, which is a thing typically enforced by the courts.

Also bear in mind that even in an all-party state, if you know that you are being recorded, you cannot just say "I do not consent", you have to stop talking. Continuing to talk when notified that there is or may be a recording constitutes implied consent, which is why on the phone companies often announce via recording that the conversation may be monitored, and they do not ask "Do you consent". By not hanging up, you consented.

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