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31 October 2018
The Supreme Court recently examined the use of recordings of employer-employee discussions as evidence in a lawsuit and provided the following useful principles.
This type of recording can be used as evidence if:
The disavowal of a recording submitted as evidence must:
A request for disavowal must challenge the fact that the recorded conversation actually happened or that the content corresponds to what really happened. Generic challenges or challenges based on difficulties in identifying the people recorded or when the conversation was recorded are not permissible.
Once such evidence has been admitted, a discussion of its technical aspects will take place, which will require specific expertise on the media techniques used for the recording. Forensic support will be useful in this regard.
For further information on this topic please contact Andrea Stanchi or Francesco Pedroni at Stanchi Studio Legale by telephone (+39 02 546 9522) or email (email@example.com or firstname.lastname@example.org).
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