Great insight. I certainly will do my best to make sure everyone is informed on my end. Providing things like a phone for personal calls that will not be recorded helps keep morale up a little bit, and seems a little less invasive. like: 'we respect your privacy and therefore don't wish to invade on it. we and encourage you to make personal calls on a dedicated set'. By informing reps/other personnel that they are being recorded may help increase productivity.
Adding a 'your call will be recorded' into the auto attendant will also be necessary. Are there any other quick things that I can implement to cover my ass? There are certainly a lot of things to consider. I appreciate the information you've provided! Scott _____ From: Mike Ashton [mailto:[EMAIL PROTECTED] Sent: Saturday, July 22, 2006 1:10 PM To: [email protected] Subject: Re: [on-asterisk] recording in asterisk Scott, Just as a preface, this is what or company does, we are a third party call monitoring quality assurance service. The law applies pretty much the same whether it is B2B or B2C. The difference really comes in the case of recording or tapping. Typically if recording happens as a matter of practice in a business, the HR gets a new hire to sign a waiver. This protects the business in a one party condition from an employee coming back and challenging a dismissal or reprimand. I had this happen to a client, where we caught the employee continually putting clients on hold so she could continue a personal conversation with another employee, resulting in the employee being dismissed. The employee sued for invasion of privacy, they settled since they didn't have a signed waiver. So, since you may consider it standard practice, doesn't mean the employee, the client or the courts will see it that way. AKA make sure you cover your ass! Mike Scott Ivory wrote: Great comments.. thanks everyone. A lot of this looks like it applies more to Business to Consumer calls which deals with very strict privacy laws (rightfully so). All calls through this box are B to B which I imagine to be a whole different ball game. Has anyone come across information that distinguishes the law between B to C and B to B? Recording in the office is standard practice. I don't know too many sales forces that don't record at least some of their calls for training purposes. It's too powerful of a tool. Thanks, Scott _____ From: Mike Ashton [mailto:[EMAIL PROTECTED] Sent: Saturday, July 22, 2006 8:15 AM To: [email protected] Subject: Re: [on-asterisk] recording in asterisk Duane, You are right that it is not just that simple, I was just trying to highlight some of the complexities. Some links to look at: http://www.rcfp.org/taping/ http://en.wikipedia.org/wiki/Telephone_tapping http://www.callcorder.com/phone-recording-law.htm And even in some of these links you will get some contradictions in the states listed. This can be due to the dates the data was collected, and/or the collectors inaccuracy. Mike Duane wrote: Mike Ashton wrote: Say the other person was in Maryland, well they have a totally inclusive two party law ( everyone on call needs to be aware in the case of a conference call ). So if you don't make the person in Maryland aware, then your breaking Maryland State law, even if your initiating the call from Ontario. Actually it's not that simple, when it comes to inter-state in the US, you fall under US federal laws which tends to side with one party rather then two party consent... There was a website on US laws regarding recording of calls but I can't seem to find it at present...
