Legal Question in Business Law in Malta

Re: Tape-Recording as a proof

If there is a witness present, it would seem unnecessary to make a recording.

If the third party is someone whose details you keep in the sense of the Data Protection Act, then it is normally not permissable to make a recording of a conversation with that third party without his consent.

The position at law may differ dependent on whether a recording is used in matters of criminal, civil or public law.

Regardless of the general position at law, a court decides on a case-to-case basis whether or not the actual evidence offered is deemed reliable enough to be accepted, in view of the fact that electronic media are susceptible to tampering.

To learn more about the general position at law and the detailed manner in which an audit trail of the reliability of a recording might be made, you should seek advice from your lawyer.