Do we have to tell customer that we are recording their calls?

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I get emails every once and a while about this topic and it’s got to a point where we need this cleared up. So I’m putting my neck on the line and starting the discussion with my take on it all.

One contact centre manager works from the guidelines that the privacy laws only require one party to be aware that calls are being recorded. So they currently don't advise callers but do record 100% of their calls. When other contact centres having the 'recording' statement as a standard message at the start of their call queuing.

I’m hoping by blogging it I generate a lot of head nodding or head shaking of disapproval and we start a discussion. I’ve read through the Privacy Act and based my answers on what I have read around Principle 4 as a starting point (which is a mission in itself and its no wonder we are all confused!).

To start, the question of ‘Do you have to tell the customer?’, splits into a few separate questions. I have noted my thoughts under each question:

Do we have to tell them we are recording for training purposes?
No. This to me means, since I’m not collecting personal information, as I am recording for training purposes only, I therefore don’t have to advise the customer. And as long as I never use that information about the customer in any shape or form, then everyone should be happy.

Do we have to tell them we are recording for other reason? (Especially for Government Departments) 
Yes. If I’m using the personal information given during a call for anything other than training, and I don’t inform the customer, then I can land in hot water very quickly. The Privacy Act is clear on that.

Do we have to tell the customer that are we listening to the call but not recording it?
No. I don’t believe I need to advise a customer if I’m listening to the call for training or performance measurements of staff only.

The extension to this question, is do we need to tell staff that we record them? Yes and no. Feedback from the contact centre managers I have asked in the last month or so is that they advise their staff at an HR level by having an HR policy along the lines that staff will be measured and different tools will be used on all staff to ensure they are performing at the expected levels. (Similar to an internet or email policy). 

So, that’s my take on the question and can I add my disclaimer: This is merely my opinion based on the information I have seen, read or heard!
 
Now I’m looking for other thoughts, or opinions as to whether I’m right, close or completely off the mark?

Categories: Leadership | Lifestyle | Recruitment and HR

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3 comments

  • KK says:

    When I implemented call recording at another company, I sought legal advice on this very stance. Surprisingly, it wasn't the Privacy Act that referred but the Crimes Act. The advice was that as long as at least one party to the call was aware that it was being recorded, there was no concern. We covered this off internally via Staff Contracts, Internal communciations and staff training (both onboarding and for existing). Principle 4 may be a bit blurred here, as call recording is not used (in most cases) for the gathering of the personal information - this is done by the CSO with the customer. The fact that information regarding the customer is stored, particularly bank account or credit card details, may provoke other discussions though!

    Added: 26 May 2009, 8:25 a.m.
  • Gordon says:

    I put the question of whether or not I need to advise a caller that their call is being recorded to the Office of the Privacy Commissioner. The answer was that there was nothing in law to require that but they recommend doing so as best practice. They also made the same point as KK that the person recording the call must be a party to the call. I then backed that up with a legal opinion, which supported the position stated by the Office of the Privacy Commisioner. As we are a Government department, we will follow best practice and advise the customer.

    Added: 26 May 2009, 1:12 p.m.
  • Megan says:

    Did anyone see TV1 Breakfast Show this morning as their consumer watch topic was on recording of telephone calls (how interesting they talk about it this week!). They had Troy Churton who is a Consumer Law Specialist, talking about this from a consumer perspective and he brings up the Privacy Act only. And that consumers should listen to the 'purpose' of why the company is recording (or 'may' record).ie: If its recording for training purposes, then there isn't much to get worried about. However, if recording the call purpose is for "Account management' then you need to be wary as what you say could be used in a dispute resolution later on (worst case).
    Interesting... so it's still not black and white, just a little bit grey and we have best practice to keep us all transparent!

    Added: 27 May 2009, 9:49 a.m.
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