Leaked tapes: What the Constitution says about secretly recording conversations

Leaked tapes have over the past few weeks dominated the media space in Ghana, with the latest being that of an alleged plot to remove the IGP, Dr George Akuffo-Dampare, which is being investigated by parliament.

But what does the law say about the recording of private conversation? Is it illegal to record a private conversation with people? And are these recordings admissible in court?

Private legal practitioner and law lecturer, Dr Justice Srem-Sai, has explained what the 1992 Constitution says about secret recording of conversations.

In a post shared on X (formerly known as Twitter), on Friday, September 8, 2023, Dr Srem-Sai said that it is illegal to record conversations with people without their knowledge.

According to him, recording people without their permission violates their right to privacy.

“A quick explanation: Secretly recording another person is wrong, even at law. It is against the right to privacy, particularly, the privacy of communications. The right to privacy is protected by our Constitution.

“Because of this protection, our courts do not reward the practice of secretly recording someone. Sometimes, the courts even punish such practices. So, generally, you can’t use a secret recording for an official purpose,” he explained.

The renowned lawyer, however, noted that the 1992 Constitution allows for secret recordings of conversations provided they are amid at the prevention of crimes.

He added that even though every Ghanaian has a right to privacy that right is not total.

“That is to say - our Constitution allows a secret recording to be used for official purposes in some cases - for example, if using such a recording becomes necessary for the prevention of a crime.

“This, however, does not mean that you could secretly record others in the hope of discovering or establishing a crime. That will be surveillance, which is not allowed by our Constitution,” he clarified.

Vice the post below:

A quick explanation: Secretly recording another person is wrong, even at law. It is against the right to privacy, particularly, privacy of communications. The right to privacy is protected by our Constitution. Because of this protection, our courts do not reward the practice of…

— Justice Srem-Sai (@JusticeSremSai) September 8, 2023