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NOT UNLESS THEIR IS COURT ORDERED WIRE TAP. A PRIVATE COMPANY OR A PRIVATE CITIZEN WOULD HAVE TO DISCLOSE THAT THE CONVERSATION IS BEING RECORDED.
As far as the rules of evidence are concerned, covert filming is OK. However, there are certain circumstances, (eg. fitting rooms, toilets, etc.) where such filming is a criminal offense.
If you have reference to audio recording, if at least one party to the conversation is aware of the taping, it is legal and admissable. If both parties are unaware, then only by Court order.