November 22, 2011
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Question
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Ken,
In your internet articles you have spoken many times about not being allow to record conversations and I would like to know how these two scenarios play out:
1. Conversations that take place in an area do not have the audio recorded but are directly converted to a text printable format, not audio. Is that permitted?
2. Signs are posted in the area that the audio conversations are recorded with the same statement as you have on the telephone when recordings takes place (Please be aware that your conversation may be recorded for training and audit purposes), maybe even beeps in the area back ground to make people aware of the recording in addition. Is this acceptable under these conditions?
Stu Gilbert
Superior Protection
NY
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Answer
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Audio interception and recording statute are different in each state. You can start your search here http://www.kirschenbaumesq.com/avstatutes.htm
Most audio statute deal with audio interception, not just live listening, so converting conversation into text, even without listening, would not be permitted if the audio interception is not excepted from the statutory prohibition, such as when you have necessary consent.
I think one issue that needs to be considered when audio is involved in security is that the audio statutes have simply not keep pace with developing and latest technology. Audio is now used in alarm verification, [has been used for long time in some alarm systems - i.e. Sonitrol], and in the door man entry and guided service [where the central station operator is in audio and video contact with someone looking to enter and move about in a building].
I do not believe any audio statutes provide an exception simply because signs are posted. Not every will read or understand the signs. Recorded warnings in telephone calls are so common I am tempted to say that someone somewhere must have researched and blessed that procedure for getting around the statutory probition, but I am not really that confident that's the case. I often here the announcement but I don't recall hearing, "and if you stay on the line you consent to such recording" or something like that.
I think it's also essential to consider that how improperly obtained data, whether video or audio, is ultimately used or misused. Such data received at the central station or sent directly to a Subscriber enabled Internet device, may never be revealed and basically, no one is, included the offended party, is likely to know. Not likely to have civil or criminal consequences in that scenario. Where however video or audio data, even data that may have been legally obtained, is misused there is exposure, certainly for civil if not criminal prosecution. For example, just because you consent to your call being recorded "for training" or "quality control purposes" does not mean that your awkard conversation should be played on Comedy Central, making you a laughing stock for your 15 minutes of fame.
So audio and video - make sure your installations meet statutory guidelines, use common sense when considering expectation of privacy, and hope that any data collected is used appropriately.