keyboard_arrow_left Is it okay to record this phone call? keyboard_arrow_right

by
November 15, 2019

From a legal perspective, the most important question when recording calls is consent. As a general rule of thumb, it’s polite to make sure that all parties involved in a conversation are aware that it’s being recorded. However, in some foreign jurisdictions such as the United States, only one person is required to know by law.


Telephone call recording laws are those that regulate the privacy of telephone communications, including the recording of conversations. Recording private conversations by government or law enforcement (wiretapping) are usually covered by distinct laws.

 

If you plan to record telephone calls or in-person conversations (including by recording video that captures sound), you should be aware that laws may limit your ability to do so. These laws not only expose you to the risk of criminal prosecution, but also potentially give an injured party a civil claim for money damages against you.

 

Telephone tapping is strictly regulated in many countries, especially in developed democracies, to safeguard the privacy of telephone users. Telephone tapping often must be authorized by a court and is normally only approved when evidence shows it is not possible to detect criminal or subversive activity in less intrusive ways.

 

Very often, the law and regulations require that the crime investigated must be at least of a certain severity. In many jurisdictions, however, permission for telephone tapping is easily obtained on a routine basis without further investigation by the court or other entity granting such permission. Illegal or unauthorized telephone tapping is often a criminal offense. However, in certain jurisdictions such as Nigeria, criminal courts may accept illegally recorded phone calls without the other party's consent as evidence. This is because under Nigerian laws, illegally obtained evidence may still be admissible in evidence.

 

Currently, Nigeria has no specific law governing the interception of private communications in Nigeria. Two draft bills are pending before the National Assembly: the Interception and Monitoring Bill 2009 is before the Senate, while the Telecommunications Facilities (Lawful Interception of Information) Bill 2010 is before the House of Representatives.

 

The current position on the interception of private communications is governed by:

 

a.    the Nigerian Constitution (Chapter C23, Laws of Federation of Nigeria 2004, as amended);

b.    the Communications Act (Chapter N97, Laws of Federation of Nigeria 2004); and

c.     the Freedom of Information Act 2011.

 

Constitution

Section 37 of the Constitution provides for the protection of the privacy of all Nigerian citizens and their homes, correspondence, telephone conversations and telegraphic communications. Other than this general provision, the Constitution makes no provision for the manner in which citizens' privacy is to be protected or guaranteed. However, the protection and guarantee afforded by Section 37 is not absolute, and under Section 45(1) is subject to any law enacted by the National Assembly in respect of national security, defence, public safety or public order.

 

Communications Act

Section 147 of the Communications Act provides that the Nigerian Communications Commission (NCC) – the Nigerian telecommunications sector regulator – may determine that a licensee or class of licensees "shall implement the capability to allow authorized interception of communications and such determination may specify the technical requirements for authorized interception capability".

 

Freedom of Information Act

On May 31, 2011, the president of Nigeria signed into law the Freedom of Information Act, with the aim of making public records and information freely available. Section 1 of the act provides that:

 

"Notwithstanding anything contained in any other act, law or regulation, the right of any person to access or request information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution howsoever described is established."

 

However, the Act prohibits the disclosure of certain information, such as personal information (ie, any official information held about any person), except in the circumstances specified under the act. The act defines 'information' to include any records, documents and information stored in any form, including written, electronic, visual images, sound, and audio recordings.

 

With regard to the disclosure of information, Section 11(2) of the act provides that an application for information shall not be denied where the public interest in disclosing the information outweighs whatever injury that disclosure would cause.

 

 

Etiquette Tips for Recording Conversations

So, now that you’ve got things squared away (mostly) regarding Nigerian laws, let’s go over some etiquette tips for recording conversations. Aside from checking your state’s laws on consent and alerting all parties involved that you’re recording a conversation, here are some etiquette recommendations.

 

1. Be Open and Honest

In some states, you might be breaking the law if you’re recording secretly, even in a public place.

Whenever possible, make it clear to those around you that you are recording. Don’t hide your camera or tape recorder. Being upfront puts people on notice that they are being recorded, affords them an opportunity to object and undercuts any argument that you are acting secretly.

 

2. Listen carefully

It sounds simple, but if you’re “in charge” of a conversation that’s in person or over the phone and you’re recording it, then it’s your job to listen to what the other person or people are saying. After all, you’re recording the conversation to pick up information that you can refer to later.

 

3. Don’t mumble

One of the worst things that can happen when you’re listening to a recorded conversation is that you’re not able to understand some or all of what was said. Therefore, you and everyone else engaged in the conversation should speak clearly. If you have to remind someone to speak clearly, then do so — politely.

 

4. Don’t eat

So, maybe you skipped lunch to hop on a phone call that’s being recorded. That doesn’t give you permission to noisily chomp on your Chicken Republic sandwich during the conversation. Wait till after the call to eat your lunch.

 

Another tip: Don’t chew gum during the conversation. It’s rude and distracting (and no one wants to hear it again on the recording).

 

5. Make sure everyone’s identified

If you’re chatting on the phone, especially during a conference call, everybody should identify himself or herself at the outset.

 

6. Watch your tone

Again, if you’re on a phone call, be mindful of how you’re coming across. Your tone of voice can convey many messages — some of them not so positive.

 

“Do not sound overly anxious, aggressive or pushy,” AdvancedEtiquette.com suggests.

 

7. Be respectful

In the case of a recorded phone call, focus on the conversation and avoid multitasking. For example, AdvancedEtiquette.com suggests steering clear of distractions such as your computer, your paperwork or your co-workers.

 

Which Conversations Should Be Recorded?

Now that you’re up to speed on etiquette, what types of conversations should you be recording? Here are four examples.

 

1. Interviews

If you’re a writer, it’s often wise to record interviews you’re conducting. This way, you can review the recording or transcript to double-check information or flesh out quotes if you were simultaneously taking notes.

 

2. Client meetings

Whatever line of business you’re in, it might make sense to record a meeting with a client. Afterward, you can listen to the recording or read the transcript to refresh your memory about key points that were brought up. This can also provide confirmation that you’re following their directions, if they later claim that they wanted a different service or product from what you provided based on the phone meeting.

 

3. Conference calls

In some cases, you might need an official record of business that was conducted during a conference call, especially if any formal votes were taken. If there’s any doubt about what happened during the call, you can go back to the recording or transcript for verification.

 

4. Lectures

During a long lecture at school, you might miss some of the most vital parts when you’re writing them down, especially if your hand gets cramped. Recording the lecture and listening to it later or poring over a transcript can help you recover information that’s not in your written notes.

 

Transcribing a Recorded Conversation

Once you’ve recorded a conversation, how do you transcribe it?

 

Well, you can do it the old-fashioned way by listening to the recording and then writing down or typing the conversation verbatim. That’s very tedious and time-consuming.

 

However, a number of digital tools are available to help speed up audio transcription. We recommend you give the VocalScript app a try. The app allows you to record important conversations — at no charge — and then have the call transcribed for just N50 per audio minute.


Remember...if you can speak it, we can script it.