Best Practices for Recording of Customer Telephone Calls
Introduction
Recording telephone calls involves the collection of personal
information. Therefore, the practice should meet fair information
practices.
Organizations subject to the Personal Information Protection
and Electronic Documents Act (PIPEDA), must comply with PIPEDA when
recording calls. The same requirements apply to calls initiated
by the customer and to calls initiated by the organization.
Organizations contracting out call centre, telemarketing and
similar services must also ensure that third parties acting
on their behalf comply with the Act.
Organizations should also be aware that a recording may collect
personal information other than the content of the call, for
example, a recording
- may capture incidental information that a customer service
representative might not note - information that may not be
germane to the call but could be used by the organization for
other purposes;
- will capture the caller's tone of voice, that
could be used for other purposes such as a legal proceeding;
and
- can be used to infer information about the caller, for example
ethnic origin and age that is not relevant to the purpose of
the call.
To comply with PIPEDA
- Organizations may only record calls for specified purposes;
- The purposes must meet the reasonable person test;
- Organizations must inform the individual that the call may
be recorded and make a reasonable effort to ensure that the
individual is advised of the purposes for which the information
will be used;
- The recording may only take place with the individual’s
consent;
- The information collected must only be used for the specified
purposes; and
- Organizations must ensure that they comply with the other
provisions of the Act with respect to matters such as safeguards,
access, retention and disposal.
The bottom line is that conversations should not be recorded
unless it is "for purposes that a reasonable person would
consider are appropriate in the circumstances." The individual
must be informed of the recording and the purposes and the call
may only be recorded with the individual’s consent, except
in those very limited cases where consent is not required.
Recording Procedures
In order to comply with the PIPED Act, organizations
should take the following steps when recording conversations:
- The individual must be informed that the conversation is
being recorded at the beginning of the call. This can be done
by an automated recording or by the customer service representative.
- The individual must be advised of the purposes. The organization
must be clear about the purposes; an organization should not
state that it is recording the conversation for quality assurance
purposes if, in fact, the recording will be used for other
purposes. Informing the individual of the purposes can be done
in a variety of ways - verbally, by pressing a number on the
keypad (in the case of automated messages) or with clear messages
on monthly statements. (For example: If you have any questions
about your bill please call 1-800-XXX-XXXX. Please note your
call will be recorded for...) If the individual proceeds knowing
the conversation is being recorded and the purpose of the recording,
consent is implied.
- If the caller objects to the recording,
the organization should provide the caller with meaningful
alternatives. The alternatives might involve not taping the
call; visiting a retail outlet; writing a letter; or, conducting
the transaction over the Internet.
Revised in October 2007
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