Using a voice recorder
This is a live question for many. Recordings can be valuable documentation, but are you allowed to make them? What about covert recordings? You may record under certain conditions; follow these guidelines.
It is strictly prohibited to record conversations you are not yourself part of. When it comes to conversations with the school in bullying cases, where you take part yourself, recording is permitted.
How do you make a recording?
You can easily record with an ordinary smartphone. At the start of the meeting you can, for example, state that you have been advised to record for documentation purposes. The family may well refer to the advice in this guide to record openly.
Open recording
School staff and others involved in the process may be provoked by your wish to record, but if you have nothing to hide, open recording should not be a problem. Journalists, for example, record routinely. Recordings are an important part of the documentation, particularly if the case becomes a formal complaint, or if redress or damages become necessary because of long-term harm from the bullying.
If recording is acceptable, place the phone visibly on the table and start the recording. Make sure the recording captures that the participants are aware of, and accept, that a recording is being made.
Covert recording
Covert recording is lawful when you take part in the conversation yourself. There are several things to consider when weighing covert against open recording:
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Even though covert recording is lawful, many consider it unethical.
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Open recording can have a preventive effect: the minutes are more likely to match what was actually said, playing things down may be reduced, and the meeting may become more action-oriented. You do not gain these potential benefits from covert recordings.
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Open recording signals that you take the situation seriously. If the family says they are doing this on our advice, they show that they have looked into their rights. That can help the school take the family more seriously.
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As a general rule, recordings can be used as evidence in court, including recordings made without informing the others. For a complaint to Statsforvalteren (the County Governor) or the municipality, you do not face the courts’ strict requirements of proof. We are aware, however, that journalists and Statsforvalteren offices have rejected covert recordings as documentation.
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We are aware that schools have refused to hold the meeting if it is recorded. If the school objects to open recording and the law is being broken, one alternative may be to record covertly, provided you take part in the meeting yourself. Covert recordings can be well suited to documenting abuse of power and threats.