What happens if during a labor discussion with my boss/employee the other party of the conversation records the conversation on his/her mobile and afterwards I use the recording on a trial as evidence of the conflict and the things acknowledged by the person recorded without knowing it? Is it a valid evidence? Has the intimacy of the person recorded without knowing it been violated?
Spanish Supreme Court, on the recent sentence of November the 20th of 2014 has established that these kind of recordings are not illegal and therefore are full valid evidences on trial.
And that is so, because the conversations is held by two people involved in it and the Supreme Court establishes that if nothing has to do with familiar, personal or intimate details, but only the elements of the conflict between the two people involved, no intimacy is violated and also, we have to considered, not only the contents of the conversation, but also the diffusion given to the conversation.
If the conversation recorded has no familiar, personal or intimate details, but is only about the conflict held by both parties and also it is only showed up in a Court of Justice as evidence of the allegations made against the other person, it is a valid evidence and there is no violation of the intimacy of the person recorded without knowledge