To prove voice recording evidence in court in Denmark, you need to understand that Denmark is a one-consent state for the entire country. Which means you do not ask permission & consent from your participants.
But you have to be part of the conversation if you want to record legally without any punishment from the laws.
If you’re not an active participant in a conversation, you must have to obtain consent from one of the participants before recording.
So in this article, we are going to share legal tips to use voice recording evidence to prove your evidence in court in Denmark without breaking the laws.
Contents
Voice Recording Laws & consent by State to use in court in denmark
can voice recording be used as evidence in court in denmark ?
is voice recording without consent illegal in denmark ?
How to record conversations to be used as evidence in the court in denmark ?
explore our solutions to use voice recording in court legally
Voice Recording Laws & consent by State to use in court in denmark
As we mentioned above, Denmark is a one-consent state country. To obtain evidence legally you can secretly record the conversation without obtain any consents, if you are one of the participants.
Based on the laws & consent in Denmark, we can tell you that the voice recording can be used in court but the court will consider based on 3 factors :
1. Purpose of recording
2. Background
3. How you obtain the evidence
Refers To This Example Case :
Employer and customer advisor have conflicted about the commission that customer advisor should get.
Customer advisor is not satisfied with his employers, ending with the customer advisor throwing a computer mouse across the room.
The customer advisor left the workplace without permission from the employer, and the following day the employer informed him that the fact that he had left the workplace meant he had resigned with immediate effect.
Referring to the purpose and background :
Purpose : the customer advisor claimed that he had made the recording of the meeting with the manager solely for his own use in order to have a record of what was said during the interview.
The meeting occurred so immediately that the customer advisor had not had the opportunity to bring someone to the meeting to document it.
Background : Employer and customer advisor have conflicted about the right of the commission and employer decided to dismiss customer advisor with an immediate effect because he left the workplace during office hours without the authorization from the employers.
The supreme court stated that emphasis must be placed on:
1. The purpose and background of the recording.
Ex : the employee has a chance to secure evidence that the employer was violating the employee’s rights.
2. What type of information the employee intended to record, whether the information is purely about private matters or information that “should be confidential for the benefits of the company or others”.
In summary, the supreme court found that the employee’s voice recording was justified considering the background, content and purpose use of the recording by the employee.
Note : So if you record conversations in the workplace, it may be within your right to capture violations of your rights such as harassment, discrimination & bullying or record private conversations that do not breach confidential information about the company or others.
In summary, you have the right to record without consent but have no permission to spread it to the public or third parties.
can voice recording be used as evidence in court in denmark ?
If you are using voice recording to protect your rights from unlawful activities. Yes, in Denmark it allows you to prove your evidence with voice recording in the court.
But If you are going to use it for other purposes ( non harassment activities ) like secretly recording fraudulent conversation.
The court will consider 3 criterias :
1. Purpose of recording
2. Background
3. How you obtain the evidence
If it connects well, it will solid evidence to support your statement.
Please Be Advised : Even though Denmark is a one-consent country but you cannot record the conversation that breach other privacy such as confidential information about the company, your participants or others.
is voice recording without consent illegal in denmark ?
It legal if you are recording while you are participating in the conversation because one-consent means you do not need other permission for making a recording.
But if you’re not an active participant in a conversation, you only need to obtain consent from one of the participants before recording.
According to Section § 263 (3) of the Denmark Penal Code, it is unlawful, with the aid of equipment, to secretly listen or record statements made in private, phone conversations or other conversations between others or negotiations in a closed meeting in which you’re not taking part or to which you have unlawfully obtained access.
How to record conversations to be used as evidence in the court in denmark ?
You can prove your evidence with voice recording if your recording is obtained legally and not breach other privacy.
Absolutely, if you are participating in the conversation and if you feel something is going wrong, you have the right to record to protect your right and you are able to prove your evidence in the court as well.
You can secretly record the conversation without joining the conversation unless you are allowed or obtained permission from the law enforcements or obtain the consent from one of the participants in the group.
Reminder : The court will consider 3 criterias purposes of the recording, background & how you are obtaining the recording.
conclusion
You can secretly record the conversation without consent if you are participating in the conversation and you are able to record the secret conversation without joining the conversation once you receive at least one consent from the participant.
Recording evidence must not breach other privacy such as confidential data, identity & trade secrets as well.
Voice recording is admissible by the court if it meets all 3 criterias :
1. Purposes of recording
2. Background ( Such as harassment, fraud and crisis conflict in workplace. )
3. how you obtain the evidence.
If you meet all three criterias, the voice evidence can be used to prove your evidence legally.
Secretly recording without joining a conversation can be used to prove evidence in court too but you will face with the penalties due to breach of other privacy & right.
Explore our solutions to use voice recording in court legally
You can explore our secretly voice recording to capture the real-time evidence without manually press the record button because we have come up with “Voice Activated” features, when the sound is captured the recording will start automatically.
You may wonder that can covert voice recorders be used in the court ? We cannot answer this question, but If you obtain evidences in the legal ways without breaching other privacy, you are allow to use covert voice recording to prove your evidence in the court.
More Outstanding Features :
1. Voice Activated
2. Long life battery
3. Prioritize human voice
4. Able to capture the evidence upto 30 – 50 feets depending on choosing model
5. Date & Time Stamp – Good feature to prove & weigh your evidence in the court
If you have any questions about our product, you can discover our Covert Audio FAQ or get in touch.
