RadioBanter - View Single Post

December 13th 04, 08:52 PM

In article . com, (Curtis CCR) writes:
|
| Dan Lanciani wrote:
| In article .com,
| (Curtis CCR) writes:
| [...]
| | In California, any phone call going over the public network
| | cannot be monitored or recorded without consent of BOTH parties.
|
| [...]
| | The restrictions extend to the call center operations here too.
| | Customers hear "your call may be monitored or recorded..." The
| | montoring system records all calls on the customer service reps
| phone,
| | as well as what they are doing on their computer during the call.
| In
| | addition to the line for call queues, there is also a line for the
| CSR
| | to use for direct incoming calls or to make outgoing calls. The
| | monitoring system records all calls on the CSR's phone regardless
| of
| | what line is used.
| |
| | When recordings are reviewed by management, they are always
| reviewed by
| | two people. The privacy policy requires that as soon as they
| identify
| | anything they hear as personal or otherwise not related to customer
| | service, they stop listening and move on. The direct line on the
| CSR
| | phone does not have a monitoring notice so the privacy has to be
| | extended to third party.
|
| Are you saying that they do record the direct line even though there
| is
| no notice to the person on the other end? If that is the case,
| hasn't the
| law already been violated even if the people reviewing the tapes try
| to
| avoid listening to "personal" content?
|
| Nope. It works out because of the way the law is written. The
| recording connection to the phone is authorized, and they don't listen
| to personal communications.

I'm still a little confused about this. First, just to clarify, they do
record the direct line without notice to or consent of the person on the
other end, right? So are you saying that the two-party-consent requirement
applies only to personal communications and that it is ok to record everything
as long as you don't listen to the personal parts? Who exactly is authorized
to make the personal/non-personal distinction? In California, am I as an
individual allowed to record all of my phone conversations without notice to
the other party as long as I review only the non-personal parts?

Dan Lanciani
ddl@danlan.*com