You can use recordings as evidence in legal proceedings as conversation is between you and the therapist
Recording personal therapy sessions without therapist's consent
My wife is attending some psychotherapy sessions to deal with her anger issues and all. I also talk to the therapist to get feedback on how my wife is doing. In one of sessions, the doctor said that my wife has not changed at all and the issue is with her upbringing which has a huge impact on her mental stability. Luckily, I recorded that session. But without the consent of the therapist. So, my questions are: - Can I record my personal therapy sessions with the doctor without the doctor's consent ? - Can I use the statement made by the doctor in that recording as an evidence in any legal proceedings ?
Asked 3 years ago in Civil Law
10 Answers
Thank you Ajay Sir. And what about the consent ? Do I need consent from the therapist before I record the session ? The therapist is not aware that I am recording the session.
Asked 3 years ago
Advisable to obtain therapist consent before recording the session
Yes sir. But I have not asked for the therapist's consent for the previous recordings. Can I still use those recordings ? I will ask consent going forward but the key statements were made in the previous sessions for which I have not asked consent before recording.
Asked 3 years ago
You can use the recordings
Collection of evidence without consent of parties for its use in judicial proceedings is valid. There is no illegality committed. Such evidence is admissible.
You can't record it without her consent. It will break the law of privacy for the therapist if used without bher consent.
Subject to objection and cross examination.
You have recorded the doctor's opinion alone while discussing with him about the case.
This audio recording is not maintainable or admissible as primary evidence in court of law.
Besides, if the doctor denies this in court of law stating that it is not true, then you cannot do anything about it, instead you will stand losing this case for this reason also.
Recording the statement of the therapist without his consent would amount to invasion of his privacy.
If he gives consent then ask him to furnish a certificate to this effect instead giving consent for recording his view about the case.
Let him depose evidence before court as a witness.
If the doctor denies his expressions during witness evidence, it will become fatal to your case.
Dear Client,
Recording any conversation without knowledge or consent of the other might attract violation of fundamental right to privacy and other relevant provisions of the Information Technology Act, 2000.
Thanks & Regards
