Know When to Get Consent Before Call Recording

Call recording is utilized across the United States and globally for many reasons. To sustain proof of conversations, ensure compliance with regulatory standards are met and quality service is delivered. Each state law requires either a One-Party consent or All-Party consent. Some countries will have varying differences in law.

One-Party Consent

One-Party consent states that if you are included in the conversation, you have the right to record. It is not mandatory to inform anyone else in the conversation. Although, if you are speaking with a state that requires consent of all parties, you must get their approval. Over half of the states in the United States have implemented the One-Party consent law. In Denmark, recording by any active party in the call is allowed. Although forwarding of any calls is not permitted.

All-Party Consent

All-Party consent is much stricter in law. It requires that all parties must agree to any recording. It is also referred to as two-party consent but if there are more than two people, all parties must give permission. It is to ensure privacy and confidentiality of conversations. Currently, there are about twelve states that implement this law: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. You may often hear, “This call will be recorded for quality assurance and training purposes”. This disclaimer is required to enlighten the other end. Details can then be properly recalled if needed.

If a One-Party consent state speaks with California, they must adhere to the stricter law. Therefore they must receive consent from all active parties. In the United Kingdom, call recording of a conversation is legal if kept for ones’ own use. Although, it is prohibited to make any details available to third parties. Along with employee knowledge, companies may record to ensure security, compliance and obtain evidence in the UK. Both Ireland and Germany require a two-party consent. Specifically in Ireland, the purpose of the call needs to be clearly defined. This is done so the other parties can give knowledgeable agreement.

Legal Consequences

It is illegal to eavesdrop and not obtain authorization before recording in an All-Party consent state or country. Any violation of state or federal laws may lead to penalties. An injured party may file a civil lawsuit for damages from unauthorized recording. A person who records without consent can face conviction, prison sentence and a fine. Even if information is not disclosed, intercepting is still a violation. To ensure safety and avoid any penalties, follow the more stringent laws or simply ask for consent. An exception to this law would allow stealthy recording only if it can be proven as useful evidence.

Act in Accordance

Call recording laws from each state and country will differ from one another. They will require either One-Party consent or All-Party consent. MiaRec do not offers legal advice, please consult your legal counsel for guidance on the compliance activities that are appropriate for your organization.