Monday, June 29, 2009

Recording Phone Conversations May Require Consent

By Steve Thibeault

Whilst recording phone conversations may appear to be somewhat covert, there is often good reason for doing so. The practice has become quite common in the field of journalism, for example and also within law enforcement. During delicate negotiations on any matter, it can be a good idea to get proof of discussions, should something crop up in the future and raise questions. Whereas the technology is somewhat straightforward and there are a variety of quality products available to help you, you should ensure that you follow all the legal requirements before you proceed.

In the field of journalism, recording phone conversations is commonplace. Within the medium of radio interviews are often taped for rebroadcast. For example, a statement from a company's public information officer may be required following some incident or activity and their statement would be recorded for broadcast during news bulletins etc. We have often heard the phrase "this conversation may be recorded for training purposes" when receiving a call from a business of some sort. In law enforcement, conversations are recorded for legal purposes.

Make sure that you do not fall foul of the law when recording phone conversations. Civil and criminal penalties could apply as the laws are particularly sensitive. Within the United States, federal law dictates that a minimum of one party should be aware that the call is being recorded.

Within the United States, a number of states require that all parties be aware that the conversation is being recorded. You should check, therefore, whether your state requires the one party or two-party rule be adhered to. When your call crosses state lines, make sure that you are aware of the applicable laws in that state as well.

You might need evidence that the other party has given you permission, so make sure that you have this before you consider recording phone conversations. Try and get this permission on tape. Journalists often read a lawyer-prepared script to the other person, routinely. Many professional journalists read the script on every occasion, advising the other party or parties that they intend to rebroadcast the chat.

Journalists often cite freedom of the press and tell us that the interviewed party does not need to give them permission but must be informed that they are being recorded. If you are a journalist, make sure that you have clear cause for taping the conversation and that the story is of obvious public importance. There are significant civil, and possibly criminal penalties for those who do not exercise due diligence in this area.

Digital phone recorders are very versatile and can be connected to a telephone line through a regular telephone jack. Recording phone conversations is as simple as waiting for somebody to pick up the phone or start talking. The units have a large memory and do not need a regular tape. With the use of an SD card recording can take place for up to 2400 hrs. and the feature laden product can be connected to your computer through a high-speed USB port.

Ideal for recording phone conversations, digital recorders can record from any audio source. You can activate sound amplification or time and date stamping and you can also set the unit to record unattended. Do make sure that you follow all legal guidelines when using.

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