Checking consent requirements before recording a phone call

01

Define the purpose and alternatives

Decide why a recording is necessary: accurate minutes, an interview, service quality or evidence of a dispute. Consider whether written notes and a follow-up summary would achieve the purpose with less sensitive information retained. Avoid recording merely because the software makes it convenient.

Identify whether the recording will remain internal, be transcribed by another service or be published. Those uses raise additional questions about access and disclosure even when making the recording itself is permitted.

02

Check consent before starting

The Reporters Committee's US recording guide explains that consent requirements vary across states and circumstances. Interstate calls require particular care. For a US–Mexico call, obtain advice appropriate to both locations rather than copying a US state rule into the Mexican context.

Do not assume a generic automated announcement answers every legal question or that silence always proves valid consent.

• Identify participants and their locations where relevant.
• Explain the intended recording and use clearly.
• Establish an appropriate way to document required consent.
• Offer a workable alternative when recording is declined.
• Review rules for new participants joining later.

03

Protect the resulting file

Set access, retention and sharing rules before recording begins. A customer-service recording should not become a public marketing clip without a separate assessment. Review what a transcription or AI service receives and whether your organization is authorized to send it there.

For example, a recorded interview may contain private information unrelated to the intended publication. Preserve the necessary original securely and review excerpts before sharing. If the call involves a dispute, seek advice about preservation rather than deleting or editing the only record impulsively.

Continue with your next step

Related guides on this topic