Legal Question in Technology Law in New York
Phone Taping
I was asked to tape phone conversations of clients without gaining their permission. We only have the ability to tape our side of the phone conversation and not the client's repsonses or voice. Is this legal in New York State? I thought permission had to be granted by both parties in order to tape a phone conversation. We use the tapes for training purposes, but they do contain names, phone numbers, addresses and other private information about parents and their child or children. If it is not legal and I refuse to tape the conversation am I risking my job?
1 Answer from Attorneys
Re: Phone Taping
Not in New York where only one party to a telephone conversation must give consent for the recording to be generally legal. Certain other states do require consent of both parties and may impose other requirements. For interstate calls, federal law would also apply but it generally calls for one party consent only and permits a special exception for business calls. Foreign (non-U.S.) jurisdictions have their own privacy laws governing this question. I also assume your business is not a law firm as in New York an ethics opinion bans recording of telephone conversations with an attorney without the consent of the other party with some exceptions. Other professions may also have similar ethics restrictions.
The bottom line is that depending on where the call originates your business would need to be in compliance with all applicable laws, including privacy and data protection laws. Criminal laws are also implicated so full compliance is critical.
The above response is in the nature of general information, is not legal advice and should not be relied on as such.
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