My boyfriend has recorded us arguing for months without my knowledge.
Can my boyfriend legally record our face-to-face arguments on his phone? Or simply, even when we are not arguing?
In Queensland, it's not illegal to simply record a conversation you're involved in (either over the phone or face-to-face) without the consent of the other people involved in the conversation, but there are restrictions on what you can do with the recording.
For private communications, the Invasion of Privacy Act 1971 (Qld) applies. In short - and contrary to the position in some other jurisdictions in Australia - it is lawful in Queensland for a participant in a private conversation to record that conversation, even if the other person(s) involved do not know they are being recorded. Provided that the person doing the recording is a participant in the conversation, then no offence is committed.
So, while you can record a conversation you are a part of, you cannot leave a recording device positioned so as to record a conversation that does not involve you. To be clear, it is usually illegal to use a device to record, or even listen to, a private conversation that does not involve you; “electronic eavesdropping” is not allowed!