Under typical privacy principles, what is required before recording conversations or conducting surveillance?

• A. Record any conversation regardless of consent if the client approves later.
• B. Obtain legally required consent or rely on lawful exceptions; avoid illegal recording without authorization.
• C. Only record if the other party signs a contract to participate.
• D. Recording is illegal in all circumstances; avoid altogether.

Answer: (B)

The main idea is that recording or surveilling people without proper authorization isn’t allowed—you must have legally required consent or rely on a lawful exception. In practice this means you need clear, informed consent from the people being recorded, or you must operate under an exception recognized by law (for example, depending on jurisdiction, one-party versus all-party consent rules, or a statutorily permitted situation such as a court order). Recording without such authorization can be illegal and expose you to penalties and liability. So the correct approach is to secure consent or rely on a lawful exception and avoid recording unauthorized conversations.