The Daily Business Review published article titled "Omarosa-Trump Tapes Could Mean 'Open Season on Privacy Rights' in the Workplace, Attorneys Say" analyzing the current state of the law on recordings. "In one-party consent states, where only one person in a conversation needs to know a recording is being made, it’s important to tread carefully" Mr. Coffey urged.
“It can be open season on privacy rights, because the law allows a single party to unilaterally determine whether a conversation is going to be captured on tape . . . . there’s precious little that can be done to prevent that tape from being posted on YouTube.”
“While Florida does protect phone conversations and face-to-face conversations, what’s less clear is the extent of protection when you go outside the home,” Mr. Coffey continued, “There is some important decisional language suggesting that you have to look at the specific circumstances of conversations in an office or work environment.”
On some states' wiretapping statutes and how the setting matters Mr. Coffey expanded, “If you’re going to have a candid conversation, you need to be in an environment that strongly signals privacy . . . . You need to be aware of the fact that people you think you trust might be recording your comments. If you’re talking to someone that you think is a friend, and are making unfiltered comments, they could come back to haunt you.”
A copy of the full Daily Business Review article can be found here.