Ontario Private Investigator Practice Exam

Under the Criminal Code, what is advised about recording private conversations?

1. Record with video only

2. Record without audio

3. Always obtain prior consent

4. Ensure all parties are aware of the recording

The correct answer is: Record without audio

Recording with video only (A) is not advised because video alone may not capture the full context and content of the conversation. Recording without audio (B) is the correct answer as under the Criminal Code, recording private conversations without obtaining prior consent is prohibited. Audio recording can invade an individual's right to privacy and may even be illegal in certain situations. Always obtaining prior consent (C) is incorrect as prior consent is not always necessary in all cases. For example, in a workplace setting, employers may be allowed to record conversations for legitimate business purposes without prior consent. Ensuring all parties are aware of the recording (D) is also incorrect as it does not necessarily ensure that prior consent has been obtained. All parties may be aware of the recording but that does not mean they have given their consent.