Q: If an AI records a call but deletes the recording before anyone ever has access do we have to say this is recorded?
I work for a nonprofit in CA and we know that if a call is recorded we need to disclose that this is being recorded. We are looking into new software for fielding calls remotely. One of the vendors has an AI that needs to record the call to give us access to make notes on the conversation. We can set it so the AI is recording in the background no one can see it while it's recorded and then once the call ends the recording is immediately deleted. Do we need to have a message saying this call is being recorded, even though no one will have access to the recordings ever and they are deleted immediately after? We have been reassured that no one can access the file while it's happening and once the call is disconnected the recording is deleted. We have also been told it is necessary for this process to happen so we can make notes to a conversation internally.
A:
In California, it is illegal to record a conversation unless all parties consent in advance. A party may consent by acquiescing to continuing a conversation after being told that a call will be recorded. Typically, a recording played before the conversation starts will say this conversation may be recorded. When the conversation begins, if a person says I do not consent to this call being recorded, the party making the recording is required to immediately discontinue the recording.
It sounds like your vendor is accustomed to working with companies in other states who have a “one party consent” rule. I would advise the vendor as to the requirements of California law to see if its technology offers a workaround. Otherwise I would not contract with that vendor.
A: Under California law, all parties to a phone conversation must consent to the recording of the conversation. The law requires that both parties be informed that the conversation is being recorded, which means that in this case, you would need to disclose to the other party that the call is being recorded, even if the recording is deleted immediately after the call ends and no one has access to it. This applies even if the recording is being made for internal note-taking purposes only. It's important to comply with this legal requirement to avoid potential legal issues.
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