Posted on Wednesday, October 11, 2017
We often get asked about the legalities of recording voice calls; In a nutshell, yes, you may legally record your calls (but certain conditions may apply).
In Australia, the laws that apply to phone-recording are Federal (not State) laws; The overseeing body is the ACMA (Australian Communications Media Authority), and the office of Communications Compliance.
As far as the law goes, think of it this way – If you were having a meeting – Either of you are free to make notes (or record on a dictaphone, say) – and these notes are admissable as a ‘record’ of the meeting and what was said. Whether the meeting takes place across a desk, or across the phone, and whether records are made stenographically or electronically, they are acceptable.
What is NOT legal, however, is evidence/records gathered clandestinely or by eavesdropping.
“Hearsay” evidence just doesn’t hold water.
How does this affect your business when you’re wanting to record calls?
Well – if YOU are recording the call yourself, sure – no problem, but if your system is auto-recording calls, then you should ensure that the person is informed that the call may be recorded. You can do this either by sending a memo out to all staff so that they know and acknowledge that all calls may be recorded, or by having the “heads-up” message played to callers when they call in. Either satisfies the requirement that the recording is made by the person/s on the call, not an eavesdropping 3rd party.
If you have any questions or would like advice on how to set call recording up for your business, please do give us a call.