4000 Executive Parkway, Suite 400 San Ramon, CA 94583

Telephone Call Recording Laws

Recording a Phone Call: Telephone Call Recording Laws & Policy

Call recording is an important part of industry and law enforcement. Its uses are as varied as the opinions people have regarding it. 

Call Centre Monitoring –

Running a successful call centre hinges entirely upon the degree to which customer satisfaction is met. Without being able to monitor calls for quality assurance, it can be difficult to impossible to find out how well employees have met the needs of callers, and therefore impossible to measure success and failure. This all culminates in having no way to adequately consider ways to improve service. 

Call centre monitoring is important for many reasons. First, when a misunderstanding occurs between a caller and an employee, it can be difficult without a call recording to get an accurate representation of exactly where the misunderstanding started. Without knowing this crucial piece of information, it is impossible to come up with a solution to avoid the misunderstanding in the future. Second, determining the strengths and weaknesses of call centre employees is key to running a high quality centre. By recording and playing back conversations, employees can hear themselves and make adjustments. Also, management can hear these conversations and determine the strengths and weaknesses of individuals, allotting training time to improve performance.

Law Enforcement –

Officially, wiretapping first took place in the 1890s, and it was not until the Prohibition Era that the constitutionality of it was settled. These taps were actually just extra wires that brought the signal to an extra location at which a law enforcement official could hear the conversation. 

Today, telephone tapping by law enforcement is treated as any evidence gathering method. There must be probable cause to tap a phone, and, in order to prevent unnecessary violations of privacy, there must be no other means of collecting information. Also, the crime being investigated must be of a certain severity before phone tapping can be approved by a judge. 

In recent years, as phone technology has become more digital, tapping phones has become a rather simple process. Whereas when the workings of a phone were entirely mechanical a physical tap had to be placed on the line in order to reroute the information, law enforcement officials must be granted access to digital phone communications by telephone companies, and this access requires nothing more than some strokes on a keyboard.